IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 15064 of 2010(G)
1. JOHNY DEVASSY, SON OF LONA DEVASSY,
... Petitioner
2. THOMAS DEVASSY, SON OF LONA DEVASSY,
Vs
1. REVENUE DIVISIONAL OFFICER,
... Respondent
2. TAHASILDAR,
3. VILLAGE OFFICER,
For Petitioner :SRI.T.P.SAJAN
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :13/10/2010
O R D E R
ANTONY DOMINIC, J.
--------------------------------------------------
W.P.(C) NO.15064 OF 2010(G)
--------------------------------------------------
Dated this the 13th day of October, 2010
J U D G M E N T
Petitioners submit that they acquired a total extent of 68
cents in R.S. No.3/6 and 17.5 cents in R.S. No.10/5 of Karukutty
Village, by virtue of the provisions in Ext.P2 Will executed by his
deceased father. According to the petitioners, when they applied
for mutation of the properties, the property in R.S. No.10/5 alone
was mutated in their favour. In so far as 68 cents acquired by
them in R.S.No.3/6 is concerned, orders were not passed, for the
reason that 31.162 cents were mutated in favour of respondents
4 and 5. For rectification of the above, petitioners submitted
Ext.P6 to the 2nd respondent and the 2nd respondent inturn called
for A-forms from the 3rd respondent. It is thereafter there was no
progress in the matter and it is in these circumstances the writ
petition is filed.
2. Essentially therefore, what is sought for by the petitioner
is correction of a mistake, which is a matter for the 2nd respondent
to consider in the light of resurvey records and the records
relating to mutation. It was therefore that the 2nd respondent
WPC.No. 15064/2010
:2 :
called for A-Forms from the 3rd respondent. In that view of the
matter what is required is that the 3rd respondent should make
available A-Forms to the 2nd respondent and on receipt thereof,
2nd respondent shall consider Ext.P6 with notice to the petitioner
and respondents 4 and 5.
Accordingly, the writ petition is disposed of directing that on
the production of a copy of the judgment, the 3rd respondent will
make available the A-Forms concerning 68 cents of properties
situated in R.S.No.3/6 of Karukutty Village, out of which 31.162
cents has been mutated in favour of respondents 4 and 5, to the
2nd respondent. This the 3rd respondent shall do within 4 weeks of
receipt of a copy of the judgment. On receipt of the above the
2nd respondent shall consider the matter as indicated above with
notice to the parties and as expeditiously as possible and at any
rate within 6 weeks thereafter.
(ANTONY DOMINIC)
JUDGE
vi/
WPC.No. 15064/2010
:3 :