Kerala High Court
Seventh Day Adventist vs State Of Kerala on 27 August, 1974
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 6TH DAY OF DECEMBER 2017/15TH AGRAHAYANA, 1939
WP(C).No. 35818 of 2017 (B)
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PETITIONER(S):
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1. SEVENTH DAY ADVENTIST,
NORTH KERALA SECTION,
EVERGREEN LINE, MOOSPET ROAD, TRISSUR,
REPRESENTED BY ITS SECRETARY,
PASTER V. T. MATHAI.
2. C. P.JOHN,
AGED 65 YEARS, S/O. A. PAILY CHERUVIL,
CHERUVIL HOUSE, THAVALAM P.O.,
PALAKKAD DISTRICT.
BY ADVS.SRI.T.K.VIPINDAS
SRI.K.V.SREE VINAYAKAN
SRI.K.M.MUHAMMED HUSSAIN
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
2. THE TAHSILDAR,
MANNARKKAD TALUK,
PALAKKAD, PIN-678582.
3. THE VILLAGE OFFICER,
AGALI, AGALI P.O., MANNARKKAD TALUK,
PALAKKAD, PIN-678581.
BY GOVERNMENT PLEADER SMT. PRINCY XAVIER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 06-12-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
TS
WP(C).No. 35818 of 2017 (B)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE PURCHASE CERTIFICATE DATED 27.08.1974
BEARING NUMBER 745/1974 ISSUED BY THE LAND TRIBUNAL,
AGALI.
EXHIBIT P2 TRUE COPY OF THE SALE DEED DATED 07.02.1979 BEARING
NUMBER 560/1979 OF THE S.R.O. AGALI.
EXHIBIT P3 TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE
PUBLIC INFORMATION OFFICER, MANNARKKAD TALUK OFFICE.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 25.11.2016
BEARING NO.H/10480/16 PASSED BY THE 1ST RESPONDENT.
RESPONDENT(S)' EXHIBITS - NIL
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TRUE COPY
PS TO JUDGE
TS
SHAJI P.CHALY, J.
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W.P.(C) No.35818 of 2017
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Dated this the 6th day of December 2017
JUDGMENT
First petitioner is a Church, in absolute possession and enjoyment of an extent of 13 Ares of property situated in Survey No.1543/6 in Agali Village, Mannarkkad Taluk, as per per Ext.P1 sale deed dated 7.2.79. When the above sale deed was executed, the survey number of the property was entered in the document/ schedule mistakenly, from the actual survey number. According to the petitioner, in order to execute and register a rectification deed, petitioner has to ascertain the correct survey number. Accordingly, petitioner has submitted an application before the Tahsildar, which was forwarded as per Ext.P5 during November 2015 by the Tahsildar to the Village Officer of Agaly directing to conduct an Enquiry and report the matter. However, according to the petitioner, no action is initiated pursuant to Ext .P5 direction issued by the Tahsildar. It is thus seeking appropriate direction this writ petition is filed.
2. I have heard the learned Counsel for the petitioner W.P.(C) No.35818 of 2017 2 and the learned Senior Government Pleader. Perused the pleadings and documents on record.
3. The subject matter is to be considered by the Tahsildar finally. It is for the Tahsildar to pursue the action initiated as per Ext.P5, by securing a report from the Village Officer. Therefore, there will be a direction to the Tahsildar to attain finality to the proceedings pertaining to Ext.P5 at the earliest possible time, and at any rate within two months from the date of receipt of a copy of this judgment.
The writ petition is disposed of accordingly.
sd/ SHAJI P.CHALY JUDGE jm/