Kerala High Court
Maxon P.X vs State Of Kerala on 22 January, 2025
2025:KER:4767
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 22ND DAY OF JANUARY 2025 / 2ND MAGHA, 1946
WP(C) NO. 26668 OF 2021
PETITIONERS:
1 MAXON P.X
AGED 47 YEARS
S/O. KUNJAPPAN, C.C.NO.23/350, PUTHEN PADATHU HOUSE, BEACH
ROAD, RAMESWARAM VILLEGE, KOCHI-682 002
2 RAJU.K.S
AGED 48 YEARS
S/O. SIVAN, C.C.NO.23/359, KATTIKATTU, BEACH ROAD,
RAMESWARAM VILLEGE, KOCHI-682 002
3 PETER,
AGED 54 YEARS
S/O. THOMAS, C.C.NO.23/352, THAMARAPARAMBU, BEACH ROAD,
RAMESWARAM VILLEGE, KOCHI-682 002
4 AUGUSTINE
AGED 73 YEARS
S/O.GEORGE, C.C.NO.23/369, KADEPPARAMBIL HOUSE, BEACH ROAD,
RAMESWARAM VILLEGE, KOCHI-682 002
5 BENNY
AGED 55 YEARS
S/O. SAVIER, C.C.NO.23/355, KAKRANCHERRY HOUSE, BEACH ROAD,
RAMESWARAM VILLEGE, KOCHI-682 002
6 RUBAN.P.B.,
AGED 52 YEARS
S/O. BENJAMIN, C.C.NO.23/370, THEKKE THAMARAPARAMBU, BEACH
ROAD, RAMESWARAM VILLEGE, KOCHI-682 002
7 RAPHEL.P.J.,
AGED 60 YEARS
W/O. JOSEPH, C.C.NO.23/400, PALLIPPARAMBIL HOUSE, BEACH
ROAD, RAMESWARAM VILLEGE, KOCHI-682 002
8 STANLY.P.B.
AGED 60 YEARS
S/O. BENJAMIN, C.C.NO.23/374, HAMARAPARAMBU, BEACH ROAD,
RAMESWARAM VILLEGE, KOCHI-682 002
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9 BASIL P.B.,
AGED 60 YEARS
S/O. BENJAMIN, C.C.NO.23/373, BEACH ROAD, RAMESWARAM
VILLEGE, KOCHI-682 002
0 KUNJUMON
AGED 60 YEARS
S/O. RAPHEL, C.C.NO.23/401, THALUTHARA VEEDU, BEACH ROAD,
RAMESWARAM VILLEGE, KOCHI-682 002
11 GRACY,
AGED 49 YEARS
W/O. JOSEPH, C.C.NO.23/360, MUNDAMVELI MURI, BEACH ROAD,
RAMESWARAM VILLEGE, KOCHI-682 002
12 JOY
AGED 58 YEARS
S/O. KUNJAPPAN, C.C.NO.23/356, TAMARAPARAMBU, BEACH ROAD,
RAMESWARAM VILLEGE, KOCHI-682 002
13 TITUS V.A.
AGED 51 YEARS
S/O. ACHUKUTTY, C.C.NO.26/358, VALIYAVEETTIL HOUSE, BEACH
ROAD, RAMESWARAM VILLEGE, KOCHI-682 002
14 SIMON
AGED 58 YEARS
S/O. JOSEPH,C.C.NO.23/371,PALLIPPARAMBIL HOUSE, BEACH
ROAD, RAMESWARAM VILLEGE, KOCHI-682 002
15 MARY ANTONY
AGED 69 YEARS
W/O. ANTONY, C.C.NO.23/354, KOCHERI HOUSE, BEACH ROAD,
RAMESWARAM VILLEGE, KOCHI-682 002
16 PHILO
AGED 54 YEARS
W/O. RUFAT, C.C.NO.23/363, ARACKAPARAMBIL, BEACH ROAD,
RAMESWARAM VILLEGE, KOCHI-682 002
17 JOY
AGED 63 YEARS
S/O. RAPHEL, C.C.NO.23/365, THEKKE TAMARAPARAMBU, BEACH
ROAD, RAMESWARAM VILLEGE, KOCHI-682 002
18 K.C JACOB,
AGED 49 YEARS
S/O. CHARLY, H.NO.23/366, KUTTIPPURATHU HOUSE, BEACH
ROAD, RAMESWARAM VILLEGE, KOCHI-682 002
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19 BRIGIT
AGED 56 YEARS
W/O. GEORGE, C.C.NO.23/361, POLEPPARAMBIL HOUSE, BEACH
ROAD, RAMESWARAM VILLEGE, KOCHI-682 002
0 JULIAT
AGED 60 YEARS
W/O. SELVAM, C.C.NO.23/358 , PUNNACKAL HOUSE, BEACH ROAD,
RAMESWARAM VILLEGE, KOCHI-682 002
21 MANJU
AGED 37 YEARS
D/O. MARSAL,C.C.NO.23/353, THALANASSERY HOUSE, BEACH
ROAD, RAMESWARAM VILLEGE, KOCHI-682 002
22 SOPHY SHAJI,
AGED 50 YEARS
W/O. SHAJI, C.C.NO.23/364, PULIYANADATHU HOUSE, BEACH
ROAD, RAMESWARAM VILLEGE, KOCHI-682 002
23 TREASA LAZAR,
AGED 55 YEARS
D/O. BAPPU, C.C.NO.23/372, VAZHAKKUTTATHIL, BEACH ROAD,
RAMESWARAM VILLEGE, KOCHI-682 002
24 MARY
AGED 51 YEARS
D/O.ANTONY, C.C.NO.23/402, PALAMPPILLI, BEACH ROAD,
RAMESWARAM VILLEGE, KOCHI-682 002
25 LISSIE
AGED 46 YEARS
W/O. SEBASTIAN, C.C.NO.23/362, PULICKAL HOUSE, BEACH
ROAD, RAMESWARAM VILLEGE, KOCHI-682 002
26 MOLLY
AGED 55 YEARS
W/O. JOSEPH, C.C.NO.23/367, THEKKE TAMARAPPARAMBU, BEACH
ROAD, RAMESWARAM VILLEGE, KOCHI-682 002
27 ROSY V.J @ LIJI JUSTIN,
AGED 42 YEARS
D/O. GRACY PRAKASAM, C.C.NO.15/2189A1, MOOLAMKUZHIYIL,
BEACH ROAD, RAMESWARAM VILLEGE, KOCHI-682 002
28 MABLE
AGED 53 YEARS
W/O BABU, C.C.NO.23/351, MANIYAPOZHI VEETTIL, BEACH ROAD,
RAMESWARAM VILLEGE, KOCHI-682 002
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29 RICHADSON THOMAS,
AGED 29 YEARS
S/O. JACKSON, POLLAYIL HOUSE, C.C.NO.23/349, KBEACH ROAD,
RAMESWARAM VILLEGE, KOCHI-682 002
BY ADVS.
R.KRISHNAKUMAR (CHERTHALA)
TINY THOMAS
RESPONDENTS:
1 STATE OF KERALA
CHIEF SECRETARY TO THE GOVERBMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 PRINCIPAL SECRETARY TO THE GOVERNMENT,
REVENUE DEPARTMENT , GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
3 SECRETARY,
HOUSING DEPARTMENT, 1ST FLOOR, NORTH BLOCK, SECRETARIAT,
THIRUVANANTHAPURAM-695 001
4 DISTRICT COLLECTOR,
ERNAKULAM DISTRICT, COLLECTORATE, KAKKANAD, ERNAKULAM-682
030
5 TAHASILDAR (LAND RECORDS ) KOCHI,
TALUK OFFICE, GROUND FLOOR, KB JACOB ROAD, FORT KOCHI-682
001
6 VILLEGE OFFICER,
RAMESWARAM VILLEGE, VILLEGE OFFICE, PULLARDESHAM ROAD,
PALLURUTHY, KCHI-682 006
7 KERALA STATE HOUSING BOARD,
REP BY ITS SECRETARY, HOUSING BOARD JUNCTION, SANTHI
NAGAR, THIRUVANANTHAPURAM-695 001
BY ADVS.
MANOJ RAMASWAMY
V.HARISH
P.A.AYUB KHAN
GP - RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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VIJU ABRAHAM , J.
===========================
WP(C) No. 26668 of 2021
============================
Dated this the 22nd day of January, 2025
JUDGMENT
When the matter came up for consideration on 20.12.2024 the learned Standing Counsel for the Kerala State Housing Board submitted that steps will be taken to issue NOC for effecting mutation. The learned Counsel appearing for the petitioners submits that necessary NOC has been granted by the Kerala State Housing Board and that steps have been taken by the Revenue Authorities for effecting mutation. In view of the same petitioners submit that no further orders are required in this writ petition.
Accordingly the above writ petition is closed.
Sd/-
VIJU ABRAHAM JUDGE sbk/-
WP(C) No. 26668 of 2021 :6:2025:KER:4767 APPENDIX OF WP(C) 26668/2021 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE SALE DEED NO.1533/2008 OF SRO, KOCHI DATED 28.03.2008 EXECUTED BY SMT.A.D. RAJAMONI IN FAVOUR OF THE 1ST PETITIONER Exhibit P2 A TRUE COPY OF THE SALE DEED NO.1534/2008 OF SRO, KOCHI DATED 28.03.2008 EXECUTED BY SMT.A.D. RAJAMONI IN FAVOUR OF THE 2ND PETITIONER Exhibit P3 A TRUE COPY OF THE SALE DEED NO.1535/2008 OF SRO, KOCHI DATED 28.03.2008 EXECUTED BY SMT.A.D. RAJAMONI IN FAVOUR OF THE 3RD PETITIONER Exhibit P4 A TRUE COPY OF THE SALE DEED NO.1536/2008 OF SRO, KOCHI DATED 28.03.2008 EXECUTED BY SMT.A.D. RAJAMONI IN FAVOUR OF THE 4TH PETITIONER Exhibit P5 A TRUE COPY OF THE SALE DEED NO.1537/2008 OF SRO, KOCHI DATED 28.03.2008 EXECUTED BY SMT.A.D. RAJAMONI IN FAVOUR OF THE 5TH PETITIONER Exhibit P6 A TRUE COPY OF THE SALE DEED NO.1538/2008 OF SRO, KOCHI DATED 28.03.2008 EXECUTED BY SMT.A.D. RAJAMONI IN FAVOUR OF THE 6TH PETITIONER Exhibit P7 A TRUE COPY OF THE SALE DEED NO.1539/2008 OF SRO, KOCHI DATED 28.03.2008 EXECUTED BY SMT.A.D. RAJAMONI IN FAVOUR OF THE 7TH PETITIONER Exhibit P8 A TRUE COPY OF THE SALE DEED NO.1540/2008 OF SRO, KOCHI DATED 28.03.2008 EXECUTED BY SMT.A.D. RAJAMONI IN FAVOUR OF THE 8TH PETITIONER Exhibit P9 A TRUE COPY OF THE SALE DEED NO.1542/2008 WP(C) No. 26668 of 2021 :7: 2025:KER:4767 OF SRO, KOCHI DATED 28.03.2008 EXECUTED BY SMT.A.D. RAJAMONI IN FAVOUR OF THE 9TH PETITIONER Exhibit P10 A TRUE COPY OF THE SALE DEED NO.1570/2008 OF SRO, KOCHI DATED 28.03.2008 EXECUTED BY SMT.A.D. RAJAMONI IN FAVOUR OF THE 10TH PETITIONER Exhibit P11 A TRUE COPY OF THE SALE DEED NO.1571/2008 OF SRO, KOCHI DATED 28.03.2008 EXECUTED BY SMT.A.D. RAJAMONI IN FAVOUR OF THE 11TH PETITIONER Exhibit P12 A TRUE COPY OF THE SALE DEED NO.1573/2008 OF SRO, KOCHI DATED 28.03.2008 EXECUTED BY SMT.A.D. RAJAMONI IN FAVOUR OF THE 12TH PETITIONER Exhibit P13 A TRUE COPY OF THE SALE DEED NO.1574/2008 OF SRO, KOCHI DATED 28.03.2008 EXECUTED BY SMT.A.D. RAJAMONI IN FAVOUR OF THE 13TH PETITIONER Exhibit P14 A TRUE COPY OF THE SALE DEED NO.1575/2008 OF SRO, KOCHI DATED 28.03.2008 EXECUTED BY SMT.A.D. RAJAMONI IN FAVOUR OF THE 14TH PETITIONER Exhibit P15 A TRUE COPY OF THE SALE DEED NO.1576/2008 OF SRO, KOCHI DATED 28.03.2008 EXECUTED BY SMT.A.D. RAJAMONI IN FAVOUR OF THE 15TH PETITIONER Exhibit P16 A TRUE COPY OF THE SALE DEED NO.1577/2008 OF SRO, KOCHI DATED 28.03.2008 EXECUTED BY SMT.A.D. RAJAMONI IN FAVOUR OF THE 16TH PETITIONER Exhibit P17 A TRUE COPY OF THE SALE DEED NO.1578/2008 OF SRO, KOCHI DATED 28.03.2008 EXECUTED BY SMT.A.D. RAJAMONI IN FAVOUR OF THE 17TH PETITIONER Exhibit P18 A TRUE COPY OF THE SALE DEED NO.1627/2008 OF SRO, KOCHI DATED 28.03.2008 EXECUTED BY WP(C) No. 26668 of 2021 :8: 2025:KER:4767 SMT.A.D. RAJAMONI IN FAVOUR OF THE 18TH PETITIONER Exhibit P19 A TRUE COPY OF THE SALE DEED NO.1628/2008 OF SRO, KOCHI DATED 28.03.2008 EXECUTED BY SMT.A.D. RAJAMONI IN FAVOUR OF THE 19TH PETITIONER Exhibit P20 A TRUE COPY OF THE SALE DEED NO.1629/2008 OF SRO, KOCHI DATED 28.03.2008 EXECUTED BY SMT.A.D. RAJAMONI IN FAVOUR OF THE 20TH PETITIONER Exhibit P21 A TRUE COPY OF THE SALE DEED NO.1630/2008 OF SRO, KOCHI DATED 28.03.2008 EXECUTED BY SMT.A.D. RAJAMONI IN FAVOUR OF THE 21ST PETITIONER Exhibit P22 A TRUE COPY OF THE SALE DEED NO.1631/2008 OF SRO, KOCHI DATED 28.03.2008 EXECUTED BY SMT.A.D. RAJAMONI IN FAVOUR OF THE 22ND PETITIONER Exhibit P23 A TRUE COPY OF THE SALE DEED NO.1632/2008 OF SRO, KOCHI DATED 28.03.2008 EXECUTED BY SMT.A.D. RAJAMONI IN FAVOUR OF THE 23RD PETITIONER Exhibit P24 A TRUE COPY OF THE SALE DEED NO.1633/2008 OF SRO, KOCHI DATED 28.03.2008 EXECUTED BY SMT.A.D. RAJAMONI IN FAVOUR OF THE 24TH PETITIONER Exhibit P25 A TRUE COPY OF THE SALE DEED NO.1634/2008 OF SRO, KOCHI DATED 28.03.2008 EXECUTED BY SMT.A.D. RAJAMONI IN FAVOUR OF THE 25TH PETITIONER Exhibit P26 A TRUE COPY OF THE SALE DEED NO.1635/2008 OF SRO, KOCHI DATED 28.03.2008 EXECUTED BY SMT.A.D. RAJAMONI IN FAVOUR OF THE 26TH PETITIONER Exhibit P27 A TRUE COPY OF THE SALE DEED NO.1541/2008 EXECUTED BY SMT.A.D. RAJAMONI IN FAVOUR BABU DATED 28.03.2008 WP(C) No. 26668 of 2021 :9: 2025:KER:4767 Exhibit P28 A TRUE COPY OF THE SALE DEED NO.1572/2008 EXECUTED BY SMT.A.D. RAJAMONI IN FAVOUR MABLE DATED 28.03.2008 Exhibit P29 A TRUE COPY OF THE SALE DEED NO.1626/2008 DATED 28.03.2008 EXECUTED BY SMT.A.D. RAJAMONI IN FAVOUR GRACY PRAKASH Exhibit P30 A TRUE COPY OF THE SETTLEMENT DEED NO.4053/2014 DATED 1.10.2014 OF SRO, KOCHI EXECUTED BY GRACY IN FAVOUR OF 27TH PETITIONER Exhibit P31 A TRUE COPY OF THE RELEVANT EXTRACT OF THE BTR REGISTER IS RESPECT OF PROPERTIES IN SY NO.194/1 OF RAMESWARAM VILLEGE IN THE NAME OF DAMODHARA SHENOY Exhibit P32 A TRUE COPY OF THE TAX RECEIPT NO.3928427 DT 28.03.2008 ISSUED BY THE 6TH RESPONDENT IN RESPECT OF THANDAPER NO.389 Exhibit P33 A TRUE COPY OF THE LAND TAX RECEIPT NO.4927383, ISSUED BY THE 6TH RESPONDENT AS PER THANDAPER NO.389 TO THE 1ST PETITIONER DATED 03.05.2014 Exhibit P34 A TRUE COPY OF THE LAND TAX RECEIPT NO.4354945, ISSUED BY THE 6TH RESPONDENT AS PER THANDAPER NO.389 TO THE 12TH PETITIONER DATED 11.04.2013 Exhibit P35 A TRUE COPY OF THE LAND TAX RECEIPT NO.4175793, ISSUED BY THE 6TH RESPONDENT AS PER THANDAPER NO. P 9881 TO THE 11TH PETITIONER DATED 30.06.2008 Exhibit P36 A TRUE COPY OF THE LAND TAX RECEIPT NO.3989387, ISSUED BY THE 6TH RESPONDENT AS PER THANDAPER NO.389 TO THE 13TH PETITIONER DATED 08.05.2008 Exhibit P37 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 30.07.2008 WP(C) No. 26668 of 2021 : 10 : 2025:KER:4767 Exhibit P38 A TRUE COPY OF THE NOTICE NO.B9-41483/2008 DATED 13.08.2008 ISSUED BY THE DEPUTY COLLECTOR (LR) Exhibit P39 A TRUE COPY OF THE MINUTES OF THE MEETING HELD BY THE HON'BLE CHIEF MINISTER ON 17.10.2013 Exhibit P40 A TRUE COPY OF THE GO (MS) NO.469/2013/REV DATED 24.10.2013 ISSUED BY THE 2ND RESPONDENT Exhibit P41 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE EXECUTIVE OFFICER OF THE 7TH RESPONDENT DATED 22.04.2015 Exhibit P42 A TRUE COPY OF THE NOTE PLACED BY THE SECRETARY OF THE 7TH RESPONDENT TO ITS CHAIRMAN DATED NIL Exhibit P43 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE HON'BLE MINISTER FOR REVENUE, STATE OF KERALA DATED 11.11.2016 Exhibit P44 A TRUE COPY OF THE REPORT NO.655776/19 DATED 26.10.2019 SUBMITTED BY THE 5TH RESPONDENT TO THE PRIVATE SECRETARY TO THE REVENUE MINISTER Exhibit P45 A TRUE COPY OF THE RELEVANT EXTRACT OF THE PROCEEDINGS OF 14TH KERALA LEGISLATIVE ASSEMBLY, QUESTION NO.74 AND ITS REPLY DATED 12.01.2021 Exhibit P46 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE HON'BLE CHIEF MINISTER DATED NIL Exhibit P47 A TRUE COPY OF THE COMMUNICATION NO.DCEKM/3377/20 L 11 DATED 26.08.2021 ISSUED BY THE DEPUTY COLLECTOR (LR) IN THE OFFICE OF THE 2ND RESPONDENT WP(C) No. 26668 of 2021 : 11 : 2025:KER:4767 Exhibit P48 A TRUE COPY OF THE REPORT NO.S5-5776/2019 DATED 27.08.2021 OF THE 5TH RESPONDENT TOT HE 4TH RESPONDENT Exhibit P49 A TRUE COPY OF THE COMMUNICATION NO.S5- 6891/22 DATED 27/06/2022 ISSUED BY THE 5TH RESPONDENT TO IMMANUEL RESIDENTS ASSOCIATION.
RESPONDENT EXHIBITS Exhibit R3(a) True copy of the land tax remitted in Sy.194/1 dated 27.06.2006 Exhibit R3(c) True copy of the report of tahsildar ,Kochi dated 28.12.2022 Exhibit R3(b) True copy of the compliant forwarded to the District collector Ernakulam dated 09.07.2008