IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 WP(C).No. 15277 of 2007(R) ------------------------------------- PETITIONER(S): ------------------- JITHESH P., AGED 25 YEARS, S/O.KRISHNAN, PALAKADAVIL HOUSE, ADAKKAPUTHUR POST, VIA CHERPLACHERRY, PALAKKAD DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT(S): ---------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, TRIVANDRUM. 2. DISTRICT SURVEY SUPERINTENDENT, CIVIL STATION, PALAKKAD. 3. M.GOPALAKRISHNAN, S/O.MELEPAT MEENAKSHI AMMA, POOLEKARA HOUSE (MELEPATT), POST ADAKKAPUTHUR, VIA CHERPLACHERRY, PALAKKAD DISTRICT. 4. M.SAROJINI AMMA, D/O.MELEPAT MEENAKSHI AMMA, POOLEKARA HOUSE (MELEPATT), POST ADAKKAPUTHUR, VIA CHERPLACHERRY, PALAKKAD DISTRICT. ADV. SRI.PHILIP T.VARGHESE FOR R3 SRI.THOMAS T.VARGHESE FOR R3 SMT.ACHU SUBHA ABRAHAM FOR R3 GOVT.PLEADER SRI.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.15277/07 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF the REGISTERED ASSIGNMENT DEED NO.950 OF 2007 DT 1.3.2007. EXT.P2: TRUE COPY OF THE REGISTERED SALE DEED NO.717 OF 2007 DT 19.2.2007 OF CHERPLACHERRY SUB REGISTRAR'S OFFICE. EXT.P3: TRUE COPY OF THE NOTICE DT 27.2.2002. EXT.P4: TRUE COPY OF THE REPLY SUBMITTED BY THE POWER OF ATTORNEY HOLDER OF the VENDOR OF THE PETITIONER DT 2.3.2007. EXT.P5: TRUE COPY OF THE NOTICE DT 26.3.2007. EXT.P6: TRUE COPY OF the REPLY DT 7.4.2007. EXT.P7: TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DT 7.4.2007. EXT.P8: TRUE COPY OF THE NOTICE DT 16.4.2007. EXT.P9: TRUE COPY OF THE OBJECTION SUBMITTED BY THE POWER OF ATTORNEY HOLDER OF THE PETITIONER DT 25.4.2007. EXT.P10: TRUE COPY OF THE DECREE DT 30/10/2004 IN OS NO.70/98 OF MUNSIFF'S COURT, OTTAPALAM. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 15277 OF 2007 (R) ==================== Dated this the 9th day of February, 2009 J U D G M E N T Petitioner claims to be the owner of land covered by Exts.P1 and P2 documents. According to the petitioner, Ext.P3 notice was issued by the 2nd respondent addressed to the Power of Attorney Holder of his vendor proposing to change the mutation of the property in the revenue records. Thereupon, the Power of Attorney Holder filed a reply stating that the property has been assigned to the petitioner and that respondents 3 and 4 on whose complaint notice was issued has no right over the property. 2. Ignoring the intimation that the property has been conveyed to the petitioner, 2nd respondent issued Exts.P5 and P8 notices, to which also the Power of Attorney Holder gave Exts.P6 and P9 replies, reiterating the stand he took in Ext.P4. In the meantime, petitioner also made Ext.P7 to the 2nd respondent requesting that any decision on the complaint made by respondents 3 and 4 be taken only after hearing him. 3. Inspite of this, without issuing any notice to him, when the subordinates of the 2nd respondent came to the property of the petitioner for taking measurements, this writ petition was filed and this Court passed interim order dated 30/5/2007 staying all further proceedings pursuant to WPC 15277/07 :2 : Exts. P3, P5 and P8. 4. If the petitioner is the owner of the property as contended by him, before any alteration is made in the revenue records concerning his property, he should necessarily be put on notice and be given an opportunity to make his representations in the matter. Admittedly, in this case, such notice is not seen to have been given and therefore any action taken concerning the property belonging to the petitioner, without notice to him, has to be held as irregular. 5. Therefore, the writ petition is disposed of directing the 2nd respondent to issue notice to the petitioner before taking any action on any complaint that may have been made or that may be made hereafter, by respondents 3 and 4. Petitioner shall produce a copy of this judgment before the 2nd respondent for his compliance. ANTONY DOMINIC, JUDGE Rp