High Court of KeralaWP(C)/36764/2015disposed of

Annie Elizabeth v. The District Collector,Ernakulam

2015-12-04Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 4TH DAY OF DECEMBER 2015/13TH AGRAHAYANA, 1937 WP(C).No. 36764 of 2015 (U) ---------------------------- PETITIONER :

--------------------- ANNIE ELIZABETH AGED 58 YEARS, W/O. JOSEPH NAYATTIL HOUSE, KARTHEDAM MALIPPURAM, ERNAKULAM DISTRICT.

BY ADVS.SRI.MATHEW KURIAKOSE SRI.RAZA M. FAZAL RESPONDENT(S) :

----------------------------

1. THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANAD ERNAKULAM DISTRICT, PIN - 682 030.

2. THE REVENUE DIVISIONAL OFFICER FORT KOCHI, ERNAKULAM DISTRICT PIN - 682 001.

3. THE TAHSILDAR KOCHI TALUK, ERNAKULAM DISTRICT PIN - 682 001.

4. THE VILLAGE OFFICER ELAMKUNNAPUZHA VILLAGE ERNAKULAM DISTRICT, PIN - 682 511.

R1 TO R4 BY GOVT. PLEADER SRI. M.R. ARUNKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 36764 of 2015 (U) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF THE FIRST FIVE PAGES OF THE PARTITION DEED NO. 982 OF 2001 OF THE SUB REGISTRAR'S OFFICE, ELAMKUNNAPUZHA ON 20.3.2001.

EXT.P2 COPY OF THE APPLICATION DATED 14.11.2014 SUBMITTED BEFORE THE 4TH RESPONDENT.

EXT.P3 COPY OF THE RECEIPT DATED 16.12.2014 ISSUED BY THE VILLAGE OFFICER, ELAMKUNNAPUZHA.

EXT.P4 COPY OF THE JUDGMENT DATED 5.10.2015 IN WP(C) NO. 28544 OF 2015.

RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn

A.Muhamed Mustaque, J.

==================================== W.P.(C)No.36764 of 2015 ==================================== Dated this the 4th day of December, 2015.

JUDGMENT

1. Petitioner is a party to the registered partition deed. One of the brothers of the executants of Ext.P1 partition deed is missing for the last about 35 years and his whereabouts are knot known to the petitioner. Since the registering authority refused to effect transfer of registry, one of the executants approached this court by filing W.P. (C)No.28544 of 2015. This court directed the revenue officials to effect transfer of registry in accordance with the partition deed.

2. In the light of the above, the 3rd respondent is directed to effect mutation in respect of the property held by the petitioner and also effect mutation in respect of other allottees in the partition deed. Needful shall be done within a period of one month. Writ petition is disposed of as above.

Muhamed Mustaque, Judge.

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