1 PRADEESH KUMAR v. STATE OF KERALA

Order

“It is submitted that a statement has been filed on behalf of the respondents. Registry to incorporate the statement. In the statement, which has been handed over for reference, it is stated that the prior title holders are seen to be holding land in excess than what is stated in the title deeds, which is the reason why there is a delay in effecting mutation. It is submitted that survey process has already been undertaken and after the completion of the survey and after ascertaining the correct extent, mutation will be carried out. There will hence be a direction to the respondents 2 to 5 to ensure that the survey procedure is completed at the earliest, at any rate, within six weeks from the date of receipt of a copy of this order.” Subsequently as per the direction issued by this Court survey was conducted and Ext.P6 communication was issued by the 2nd respondent WP(C) No.16585 of 2022 4 to the 3rd respondent wherein it is specifically stated that in the site inspection conducted by the Taluk Surveyor it was found that there is no puramboke land in the said survey numbers, ie. 182/2 and 182/3 of block no.42 and the properties are having definite boundaries and tax was also received from said Naseema under thandaper account no.4426 and on the basis of the same 3rd respondent Village Officer was directed to take steps for effecting mutation of the property.

4. The grievance raised by the petitioners is that subsequent to the same, Ext.P7 has been issued by the 3rd respondent Village Officer, rejecting the request for effecting mutation in respect of the 2 nd petitioner taking a stand that there is no property left for effecting mutation in the name of the 2nd petitioner. Petitioners submit that Ext.P7 has been issued without even considering Ext.P6 communication issued by the 2nd respondent pursuant to the direction issued by this Court on 12.07.2022.

5. Heard the learned Government Pleader also, who upon instruction submitted that Ext.P7 has been issued on finding that after effecting mutation in the name of the 1st petitioner no other property is left to effect mutation in the name of the 2nd petitioner. A perusal of Ext.P7 would reveal that Ext.P6 communication has not been taken into consideration while issuing it. Further a perusal of Ext.P6 would not clearly show whether a survey was conducted as

directed by this Court in the order dated 12.07.2022. Therefore, the writ WP(C) No.16585 of 2022 5 petition is disposed of with a direction to the 2nd respondent to conduct a fresh survey in the matter to ascertain the correct extent, etc. A fresh survey in the matter shall be conducted within an outer limit of three months from the date of receipt of a copy of the judgment. Subject to the findings in the survey to be conducted, further steps for mutating the property in respect of the 2nd petitioner shall be taken in accordance with With the abovesaid directions the writ petition is disposed of. VIJU ABRAHAM Sd/- JUDGE law. WP(C) No.16585 of 2022 6 APPENDIX OF WP(C) 16585/2022 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P3(a) Exhibit P4 Exhibit P4(a) Exhibit P5 TRUE COPY OF THE AGREEMENT OF SALE DEED BEARING NO. 3002/1/2021 EXECUTED BY SMT. NASEEMA IN FAVOUR OF THE 1ST PETITIONER, DATED 17.11.2021. TRUE COPY OF THE AGREEMENT OF SALE DEED BEARING NO. 3003/1/2021 EXECUTED BY SMT. NASEEMA IN FAVOUR OF THE 2ND PETITIONER, DATED 17.11.2021. TRUE COPY OF THE TAX RECEIPT BEARING NO. KL06041106795/2021 ISSUED BY THE OFFICE OF THE 3RD RESPONDENT TO THE ABOVE MENTIONED SMT. NASEEMA, DATED 12.10.2021. TRUE COPY OF THE TAX RECEIPT BEARING NO. KL06041107203/2021 ISSUED BY THE OFFICE OF THE 3RD RESPONDENT TO THE ABOVE MENTIONED SMT. NASEEMA, DATED 29.10.2021. TRUE COPY OF THE THANDAPER ACCOUNT DETAILS BEARING NO. 2021/19394/06 DATED 29.10.2021 ISSUED BY THE 3RD RESPONDENT TO SMT. NASEEMA. TRUE COPY OF THE THANDAPER ACCOUNT DETALS BEARING NO. 2021/19393/06 DATED 29.10.2021, ISSUED BY THE 3RD RESPONDENT TO SMT. NASEEMA. TRUE COPY OF THE CERTIFICATE OF ENCUMBRANCE, FOR THE PERIOD FROM 01.01.1991 TO 16.09.2021 ISSUED BY THE REGISTRATION DEPARTMENT, DATED 12.10.2021. Exhibit P5(a) TRUE COPY OF THE CERTIFICATE OF ENCUMBRANCE FOR THE PERIOD FROM WP(C) No.16585 of 2022 7 Exhibit P6 Exhibit P7

01.01.1998 TO 03.01.2022 ISSUED BY THE REGISTRATION DEPARTMENT DATED 05.01.2022. TRUE COPY OF THE LETTER NO.H2-1825/2022 DATED 26.10.2022 ISSUED BY 2ND RESPONDENT TO THE 3RD RESPONDENT TRUE COPY OF THE REGISTERED INTIMATION BEARING NO. PV APLN-530/21 & 532/21(2), DATED 03.06.2023, ISSUED BY THE 3RD RESPONDENT TO THE APPLICANTS,