Kerala High Court
Casa Land Holdings (P) Ltd vs The Revenue Divisional Officer on 12 August, 2016
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 9TH DAY OF AUGUST 2017/18TH SRAVANA, 1939
WP(C).No. 19413 of 2017 (B)
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PETITIONER :
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CASA LAND HOLDINGS (P) LTD.,
GFSR TOWERS, POST VYTTILA, ERNAKULAM DISTRICT,
REPRESENTED BY ITS MANAGING DIRECTOR,
MOIDEEN AMEER, S/O.MOIDEEN HAJI.
BY ADV. SRI.C.M.MOHAMMED IQUABAL
RESPONDENT(S):
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1. THE REVENUE DIVISIONAL OFFICER,
THALASSERY, POST THALASSERY,
KANNUR DISTRICT, PIN-670 101.
2. THE TAHSILDAR,
IRITTY TALUK OFFICE, POST IRITTY,
KANNUR DISTRICT, PIN-670 703.
3. THE VILLAGE OFFICER,
AYYAMKUNNU VILLAGE OFFICE, POST AYYAMKUNNU,
KANNUR DISTRICT, PIN-670 703.
BY GOVERNMENT PLEADER SRI.K.J.MANURAJ
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 09-08-2017, ALONG WITH WPC.NO. 19856/2017, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 19413 of 2017 (B)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 THE TRUE COPY OF DOCUMENT NO.2299/2016 OF SRO ULIYIL
DATED 12-8-2016.
EXHIBIT P2 THE TRUE COPY OF DOCUMENT NO.2298/2016 DATED 12-8-2016 OF
SRO ULIYIL.
EXHIBIT P3 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY AYYAMKUNNU
VILLAGE OFFICER DATED 7-5-2016.
EXHIBIT P4 THE TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY
AYYAMKUNNU VILLAGE OFFICER DATED 10-5-2016.
EXHIBIT P5 THE TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY
AYYAMKUNNU VILLAGE OFFICER DATED 10-5-2016.
EXHIBIT P6 THE TRUE COPY OF THE NON-LIABILITY CERTIFICATE ISSUED BY
AYYAMKUNNU VILLAGE OFFICER DATED 01-06-2016.
EXHIBIT P7 THE TRUE COPY OF THE NON-LIABILITY CERTIFICATE ISSUED BY
AYYAMKUNNU VILLAGE OFFICER DATED 01-06-2016.
EXHIBIT P8 THE TRUE COPY OF THE APPLICATION TO CHANGE THE MUTATION OF
THE PROPERTY COVERED BY EXT. P1 DOCUMENT DATED 12-8-2016.
EXHIBIT P9 THE TRUE COPY OF THE APPLICATION TO CHANGE THE MUTATION OF
THE PROPERTY COVERED BY EXT. P2 DOCUMENT DATED 12-8-2016.
EXHIBIT P10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT DATED 15-4-2017.
EXHIBIT P11 TRUE COPY OF THE INFORMATION SUBMITTED BY THE PUBLIC
INFORMATION OFFICER OF TALUK LAND BOARD, THALASSERY
DATED 11/7/2017
RESPONDENT(S)' EXHIBITS: NIL
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/TRUE COPY/
P.A.TO JUDGE
sts
P.B.SURESH KUMAR, J.
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W.P.(C.) Nos. 19413 & 19856 of 2017
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Dated this the 9th day of August, 2017
JUDGMENT
Requests made by the petitioners for effecting mutation in respect of the properties referred to in the writ petitions have been turned down by the respondents on the ground that proceedings have been initiated against the vendor of the petitioners under the Kerala Land Reforms Act. According to the petitioners, mutation sought by them cannot be denied on the aforesaid ground. They, therefore, seek appropriate directions in this regard, in these writ petitions.
2. The learned Government Pleader, on instructions, confirmed that the requests made by the W.P.(C.) No.19413 & 19856 of 2017 2 petitioners for effecting mutation have been turned down for the reason stated in the writ petitions. It is also pointed out by the learned Government Pleader that the petitioners have not preferred formal applications for effecting mutation. The learned Government Pleader, however, conceded that there was no proceedings against the vendor of the petitioners under the Land Reforms Act at the time when the documents in favour of the petitioners have been executed and the proceedings have been initiated after the execution of the documents.
3. In so far as there was no proceedings against the vendor of the petitioners under the Kerala Land Reforms Act at the time when the properties have been conveyed to the petitioners, according to me, there is no justification on the part of the respondents concerned in declining the requests made by the petitioners for effecting mutation.
In the circumstances, the writ petitions are disposed of directing the petitioners to prefer formal W.P.(C.) No.19413 & 19856 of 2017 3 applications for effecting mutation in respect of the properties referred to in the writ petitions before the respondent concerned, and directing the competent authority among the respondents to grant the mutation sought by the petitioners, within two weeks from the date of receipt of the applications. It is, however, made clear that this judgment will not preclude the authorities under the Kerala Land Reforms Act in proceeding against the properties referred to in the writ petitions, if such proceedings are contemplated under law against the said properties.
sd/-
P.B. SURESH KUMAR,
SKS JUDGE
//TRUE COPY//
P.A. TO JUDGE