Kerala High Court
Cjs Builders And Developers Private ... vs State Of Kerala on 3 August, 2022
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 3RD DAY OF AUGUST 2022 / 12TH SRAVANA, 1944
WP(C) NO. 21680 OF 2022
PETITIONERS:
1 CJS BUILDERS AND DEVELOPERS PRIVATE LIMITED
REPRESENTED BY MANAGING DIRECTOR KUMAR, S/O DASAN,
AGED 46 YEARS, PUTHEN HOUSE, ATHIRAMPUZHA VILLAGE,
ATHIRAMPUZHA TALUK, KOTTAYAM DISTRICT- 686 562.
2 CHRISTUDAS,
AGED 45 YEARS, S/O MOSA NADAR, KIZHAKKEKARA
ROADARIKATH PUTHENVEEDU, THATHALAMPADU, CHERIYAKOLLA
DESOM, KUNNATHUKAL VILLAGE, NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM - 695 504.
3 REENA B M,
AGED 39 YEARS, D/O BABY, KIZHAKKEKARA ROADARIKATH
PUTHENVEEDU, THATHALAMPADU, CHERIYAKOLLA DESOM,
KUNNATHUKAL VILLAGE, NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM - 695 504.
BY ADVS.
ARUN V.G.(K/795/2004)
V.JAYA RAGI
R.HARIKRISHNAN (KAMBISSERIL)
NEERAJ NARAYAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,
DEPARTMENT OF REVENUE, ROOM NO.372, MAIN BLOCK,
SECRETARIAT, STATUE,THIRUVANANTHAPURAM-695 001.
2 DISTRICT COLLECTOR THIRUVANANTHAPURAM,
2ND FLOOR CIVIL STATION BUILDING, CIVIL STATION ROAD,
KUDAPANAKUNNU, THIRUVANANTHAPURAM - 695043.
3 REVENUE DIVISIONAL OFFICER NEDUMANGAD,
OFFICE OF THE REVENUE DIVISIONAL OFFICER, NEDUMANGAD,
THIRUVANANTHAPURAM - 695 541.
WP(C) NO. 21680 OF 2022 & Conn. cases
2
4 TAHSILDAR (LAND RECORDS),
TALUK OFFICE, NEYYATTINKARA, NEYYATTINKARA,
THIRUVANANTHAPURAM. -695121
5 VILLAGE OFFICER,
KUNNATHUKAL VILLAGE OFFICE, CHAVADI JUNCTION,
KUNNATHUKAL - PERUMKADAVILA ROAD, KERALA -695504
6 RAJESH KUMAR,
AGED 35 YEARS, S/O RAMACHANDRAN, KARTHIKA,
TC 6/510, KUNJUVEEDU NAGAR, ULLOOR VILLAGE,
THIRUVIKKAL PO, THIRUVANANTHAPURAM TALUK,
THIRUVANANTHAPURAM - 695 011.
7 VASANTHAKUMARI,
AGED 55 YEARS, D/O KALYANI, KARTHIKA, TC 6/510,
KUNJUVEEDU NAGAR, ULLOOR VILLAGE, THIRUVIKKAL PO,
THIRUVANANTHAPURAM TALUK,
THIRUVANANTHAPURAM - 695 011
SRI. JAFAR KHAN- SR.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.08.2022, ALONG WITH WP(C).21696/2022, 21707/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 21680 OF 2022 & Conn. cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 3RD DAY OF AUGUST 2022 / 12TH SRAVANA, 1944
WP(C) NO. 21696 OF 2022
PETITIONERS:
1 CJS BUILDERS AND DEVELOPERS PRIVATE LIMITED
REPRESENTED BY MANAGING DIRECTOR KUMAR, S/O DASAN,
AGED 46 YEARS, PUTHEN HOUSE, ATHIRAMPUZHA VILLAGE,
ATHIRAMPUZHA TALUK, KOTTAYAM DISTRICT- 686 562.
2 AALIYAAMMA,
D/O MARY NELIKATTUVILA RAJ SADANAM, ELLUVILA,
KUNNATUKAL DESOM, KUNNATHUKAL VILLAGE,
NEYYATTINKARA -695504.
BY ADVS.
ARUN V.G.(K/795/2004)
V.JAYA RAGI
R.HARIKRISHNAN (KAMBISSERIL)
NEERAJ NARAYAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,
DEPARTMENT OF REVENUE, ROOM NO.372, MAIN BLOCK,
SECRETARIAT, STATUE, THIRUVANANTHAPURAM - 695 001.
2 DISTRICT COLLECTOR
THIRUVANANTHAPURAM, 2ND FLOOR CIVIL STATION
BUILDING, CIVIL STATION ROAD, KUDAPANAKUNNU
THIRUVANANTHAPURAM-695043.
3 REVENUE DIVISIONAL OFFICER NEDUMANGAD,
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
NEDUMANGAD, THIRUVANANTHAPURAM - 695 541.
WP(C) NO. 21680 OF 2022 & Conn. cases
4
4 TAHSILDAR (LAND RECORDS),
TALUK OFFICE, NEYYATTINKARA, NEYYATTINKARA,
THIRUVANANTHAPURAM -695121
5 VILLAGE OFFICER,
KUNNATHUKAL VILLAGE OFFICE, CHAVADI JUNCTION,
KUNNATHUKAL - PERUMKADAVILA ROAD, KERALA -695504
6 RAJESH KUMAR,
AGED 35 YEARS, S/O RAMACHANDRAN, KARTHIKA, TC 6/510,
KUNJUVEEDU NAGAR, ULLOOR VILLAGE, THIRUVIKKAL PO,
THIRUVANANTHAPURAM TALUK,
THIRUVANANTHAPURAM - 695 011.
7 VASANTHAKUMARI,
AGED 55 YEARS, D/O KALYANI, KARTHIKA, TC 6/510,
KUNJUVEEDU NAGAR, ULLOOR VILLAGE, THIRUVIKKAL PO,
THIRUVANANTHAPURAM TALUK,
THIRUVANANTHAPURAM - 695 011
SRI. JAFAR KHAN- SR.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.08.2022, ALONG WITH WP(C).21680/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 21680 OF 2022 & Conn. cases
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 3RD DAY OF AUGUST 2022 / 12TH SRAVANA, 1944
WP(C) NO. 21707 OF 2022
PETITIONERS:
1 CJS BUILDERS AND DEVELOPERS PRIVATE LIMITED,
REPRESENTED BY MANAGING DIRECTOR KUMAR, S/O DASAN,
AGED 46 YEARS, PUTHEN HOUSE, ATHIRAMPUZHA VILLAGE,
ATHIRAMPUZHA TALUK, KOTTAYAM DISTRICT- 686 562.
2 AKHILESH S.S.,
AGED 36 YEARS, S/O. STEPHANOS, SHEELA COTTAGE,
ELLUVILA, CHERIYAKOLLA DESOM, KUNNATHUKAL VILLAGE,
NEYYATTINKARA TALUK, THIRUVANANTHAPURAM - 695 504.
BY ADVS.
ARUN V.G.(K/795/2004)
V.JAYA RAGI
R.HARIKRISHNAN (KAMBISSERIL)
NEERAJ NARAYAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,
DEPARTMENT OF REVENUE, ROOM NO.372, MAIN BLOCK,
SECRETARIAT, STATUE, THIRUVANANTHAPURAM - 695 001.
2 DISTRICT COLLECTOR THIRUVANANTHAPURAM,
2ND FLOOR CIVIL STATION BUILDING, CIVIL STATION
ROAD, KUDAPANAKUNNU, THIRUVANANTHAPURAM-695043.
3 REVENUE DIVISIONAL OFFICER NEDUMANGAD,
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
NEDUMANGAD, THIRUVANANTHAPURAM - 695 541.
WP(C) NO. 21680 OF 2022 & Conn. cases
6
4 TAHSILDAR (LAND RECORDS),
TALUK OFFICE, NEYYATTINKARA, NEYYATTINKARA,
THIRUVANANTHAPURAM -695121.
5 VILLAGE OFFICER, KUNNATHUKAL VILLAGE OFFICE,
CHAVADI JUNCTION, KUNNATHUKAL-PERUMKADAVILA ROAD,
KERALA -695504.
6 RAJESH KUMAR,
AGED 35 YEARS, S/O RAMACHANDRAN, KARTHIKA, TC 6/510,
KUNJUVEEDU NAGAR, ULLOOR VILLAGE, THIRUVIKKAL PO,
THIRUVANANTHAPURAM TALUK,
THIRUVANANTHAPURAM - 695 011.
7 VASANTHAKUMARI,
AGED 55 YEARS, D/O KALYANI, KARTHIKA, TC 6/510,
KUNJUVEEDU NAGAR, ULLOOR VILLAGE, THIRUVIKKAL PO,
THIRUVANANTHAPURAM TALUK,
THIRUVANANTHAPURAM - 695 011.
SRI. JAFAR KHAN- SR.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.08.2022, ALONG WITH WP(C).21680/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 21680 OF 2022 & Conn. cases
7
T.R. RAVI, J.
--------------------------------------------
WP(C) Nos.21680, 21696 & 21707 of 2022
--------------------------------------------
Dated this the 03rd day of August, 2022
JUDGMENT
The Government Pleader on instructions submits that as at present there are no obstacles for effecting the mutation and the Tahsildar concerned has already instructed the Village Officer to effect the mutation.
2. The counsel for the respondents 6 and 7 submits that they have serious objections and that their objections may also be considered by the Village Officer.
The writ petitions are hence closed recording the submission of the Government Pleader and directing the Village Officer to hear the petitioners and respondents 6 and 7 and finalize the issue relating to mutation, if mutation is not already effected.
Sd/-
T.R.RAVI JUDGE mpm WP(C) NO. 21680 OF 2022 & Conn. cases 8 APPENDIX OF WP(C) 21680/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE SALE DEED NO. 364 OF 2017, REGISTERED AT KUNNATHUKAL SUB REGISTRY.
Exhibit P2 THE TRUE COPY OF THE THE TAX RECEIPT DATED 03/04/2021 ISSUED BY VILLAGE OFFICE, KUNNATHUKAL.
Exhibit P3 THE TRUE COPY OF THE PLAINT IN OS NO.
153/2018 ON THE FILES OF THE MUNSIFF COURT, NEYYATTINKARA.
Exhibit P4 THE TRUE COPY OF THE AD-INTERIM INJUNCTION ORDER PASSED BY THE MUNSIFF COURT, NEYYATTINKARA IN IA NO. 676/2018 IN OS NO.153/2018 DATED 03.02.2018.
Exhibit P5 THE TRUE COPY OF THE WRITTEN STATEMENT ALONG WITH COUNTER CLAIM FILED BY THE DEFENDANTS IN OS NO. 153/2018 ON THE FILES OF MUNSIFF COURT, NEYYATTINKARA.
Exhibit P6 THE TRUE COPY OF THE SALE DEED NO.
1582/2021, REGISTERED AT KUNNATHUKAL SUB REGISTER OFFICE.
Exhibit P7 THE TRUE COPY OF THE COMPLAINT DATED 28.02.2022 FILED BY THE SECOND PETITIONER BEFORE THE TAHSILDAR (LAND RECORDS).
Exhibit P8 THE TRUE COPY OF COMPLAINT ACKNOWLEDGEMENT RECEIPT ISSUED BY THE OFFICE OF THE TAHSILDAR (LAND RECORDS) DATED 08/03/2022 Exhibit P9 THE TRUE COPY OF COMPLAINT DATED 28.02.2022 FILED BY THE SECOND PETITIONER BEFORE THE DISTRICT COLLECTOR. WP(C) NO. 21680 OF 2022 & Conn. cases 9 Exhibit P10 THE TRUE COPY OF THE COMPLAINT ACKNOWLEDGEMENT RECEIPT ISSUED BY THE OFFICE OF THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM DATED 08/03/2022. WP(C) NO. 21680 OF 2022 & Conn. cases 10 APPENDIX OF WP(C) 21696/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE SALE DEED NO. 365 OF 2017, REGISTERED AT KUNNATHUKAL SUB REGISTRY.
Exhibit P2 THE TRUE COPY OF THE THE TAX RECEIPT DATED 20-05-2017 ISSUED BY VILLAGE OFFICE, KUNNATHUKAL.
Exhibit P3 THE TRUE COPY OF THE PLAINT IN OS NO.
153/2018 ON THE FILES OF MUNSIFF COURT, NEYYATTINKARA.
Exhibit P4 THE TRUE COPY OF THE AD-INTERIM INJUNCTION ORDER PASSED BY THE MUNSIFF COURT, NEYYATTINKARA IN IA NO. 676/2018 IN OS NO.153/2018 DATED 03.02.2018.
Exhibit P5 THE TRUE COPY OF THE WRITTEN STATEMENT ALONG WITH COUNTER CLAIM FILED BY THE DEFENDANTS IN OS NO. 153/2018 ON THE FILES OF MUNSIFF COURT, NEYYATTINKARA.
Exhibit P6 THE TRUE COPY OF THE SALE DEED NO.
1528/2021, REGISTERED AT KUNNATHUKAL SUB REGISTER OFFICE.
Exhibit P7 THE TRUE COPY OF THE COMPLAINT DATED 28.02.2022 FILED BY THE SECOND PETITIONER BEFORE THE TAHSILDAR (LAND RECORDS).
Exhibit P8 THE TRUE COPY OF THE COMPLAINT ACKNOWLEDGEMENT RECEIPT ISSUED BY THE OFFICE OF THE TAHSILDAR (LAND RECORDS) DATED 08/03/2022.
Exhibit P9 THE TRUE COPY OF THE COMPLAINT DATED 28.02.2022 FILED BY THE SECOND PETITIONER BEFORE THE DISTRICT COLLECTOR. WP(C) NO. 21680 OF 2022 & Conn. cases 11 Exhibit P10 THE TRUE COPY OF THE COMPLAINT ACKNOWLEDGEMENT RECEIPT ISSUED BY THE OFFICE OF THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM DATED 08/03/2022. WP(C) NO. 21680 OF 2022 & Conn. cases 12 APPENDIX OF WP(C) 21707/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE SALE DEED NO. 245 OF 2017, REGISTERED AT KUNNATHUKAL SUB REGISTRY.
Exhibit P2 THE TRUE COPY OF TAX RECEIPT DATED 25-04-2017 ISSUED BY VILLAGE OFFICE, KUNNATHUKAL.
Exhibit P3 THE TRUE COPY OF THE PLAINT IN OS NO.
153/2018 ON THE FILES OF THE MUNSIFF COURT, NEYYATTINKARA.
Exhibit P4 THE TRUE COPY OF THE AD-INTERIM INJUNCTION ORDER PASSED BY THE MUNSIFF COURT, NEYYATTINKARA IN IA NO. 676/2018 IN OS NO.153/2018 DATED 03.02.2018.
Exhibit P5 THE TRUE COPY OF THE WRITTEN STATEMENT ALONG WITH COUNTER CLAIM FILED BY THE DEFENDANTS IN OS NO. 153/2018 ON THE FILES OF MUNSIFF COURT, NEYYATTINKARA.
Exhibit P6 THE TRUE COPY OF THE SALE DEED NO.
1529/2021, REGISTERED AT KUNNATHUKAL SUB REGISTER OFFICE.
Exhibit P7 THE TRUE COPY OF THE COMPLAINT DATED 28.02.2022 FILED BY THE SECOND PETITIONER BEFORE THE TAHSILDAR (LAND RECORDS).
Exhibit P8 THE TRUE COPY OF THE COMPLAINT ACKNOWLEDGMENT RECEIPT ISSUED BY THE OFFICE OF THE TAHSILDAR (LAND RECORDS)DATED 08/03/2022.
Exhibit P9 THE TRUE COPY OF THE COMPLAINT DATED 28.02.2022 FILED BY THE SECOND PETITIONER BEFORE THE DISTRICT COLLECTOR. WP(C) NO. 21680 OF 2022 & Conn. cases 13 Exhibit P10 THE TRUE COPY OF THE COMPLAINT ACKNOWLEDGMENT RECEIPT ISSUED BY THE OFFICE OF THE DISTRICT COLLECTOR.