T.V.Mamachan vs Tahsildar on 17 July, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20154 of 2008(Y)


1. T.V.MAMACHAN, S/O.LATE T.V.VARGHESE,
                      ...  Petitioner

                        Vs



1. TAHSILDAR, UDUMBANCHOLA TALUK,
                       ...       Respondent

2. VILLAGE OFFICER, RAJAKUMARI VILLAGE,

                For Petitioner  :SRI.SAJAN VARGHEESE K.

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :17/07/2008

 O R D E R
                              S. Siri Jagan, J.
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                       W. P (C) No. 20154 of 2008
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                   Dated this, the 17th    July, 2008.

                             J U D G M E N T

The petitioner claims to be the owner of certain properties in

Rajakkad Village. He submitted an application for mutation. The

grievance of the petitioner is that the same is not being considered by

the respondents. The learned Government Pleader, on instructions,

submits that the petitioner’s sister-in-law is also a claimant for the

same property and that is why mutation could not be effected.

2. Whether there are other claimants or not, when an

application is filed, the respondents have a duty to decide the question

by a speaking order after hearing both parties. Accordingly, the writ

petition is disposed of with a direction to the 1st respondent to pass

final orders in the matter, after obtaining a report from the Village

Officer and after affording an opportunity of being heard to the

petitioner as well as the rival claimants. This shall be done within one

month from the date of receipt of a copy of this judgment.

Sd/- S. Siri Jagan, Judge.

Tds/

[True copy]

P.S to Judge.