IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 WP(C).No. 18576 of 2009(N) -------------------------- PETITIONER(S): --------------- PETER AUGUSTIN, EX-SERVICEMAN, AGED 62 YEARS, S/O.AUGUSTIN, PARAVARA HOUSE, THYKKOODAM, VYTTILA P.O., POONITHURA VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.KAPPILLIL ANILKUMAR SMT.P.A.JASMIN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. COMMISSIONER FOR LAND REVENUE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANAD P.O. 4. TAHSILDAR, KANAYANNUR TALUK OFFICE, ERNAKULAM. 5. VILLAGE OFFICER, POONITHURA VILLAGE, VYTTILA P.O., ERNAKULAM. 6. BHARATHY, W/O.BHASKARAN, MAMBRAYIL HOUSE, THYKKOODAM, VYTTILA P.O., ERNAKULAM DISTRICT. ADV. SRI.M.GOPIKRISHNAN NAMBIAR FOR R1 GP SRI.M.H. HANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18576 of 2009 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 28.8.06 EXT.P2- TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE HIGHER AUTHORITIES (RESPONDENTS 1 AND 3) DATED 26.5.09 EXT.P3- TRUE COPY OF THE CERTIFIED SKETCH OF THE PETITIONER'S PROPERTY IN SURVEY NO.1250 ISSUED BY THE TALUK SURVEYOR, KANAYANNUR EXT.P4- TRUE COPY OF FORUM MUTATION ACCOUNT DATED 1.7.05 EXT.P5- TRUE COPY OF LOCATION SKETCH DATED 24.3.09 EXT.P6- TRUE COPY OF THE TITLE DEED NO.632/1965 OF THE POONITHURA SRO EXT.P7- TRUE COPY OF THE TITLE DEED NO.924/1124 ME OF THE JOSEPH AND SILY EXT.P8- TRUE COPY OF THE TITLE DEED NO.930/1113 OF KANJIRATHINGAL KANDATHIL KATHANAR EXT.P9- TRUE COPY OF THE JANMADHARAM NO.249/196 EXT.P10- TRUE COPY OF THE NOTICE DATED 20.7.2010 ISSUED BY THE DEPUTY COLLECTOR, CENTRAL REVENUE VIGILANCE, ERNAKULAM BEARING NO.227/V/E/09 EXT.P11- TRUE COPY OF THE WRITTEN SUBMISSIONS DATED 8.9.10 BEFORE THE DEPUTY COLLECTOR, REVENUE VIGILANCE BY THE PETITIONER EXT.P12- TRUE COPY OF THE NOTICE DATED 17.9.2010 BY THE TALUK SURVEYOR OF KANAYANNUR TALUK TO THE PETITIONER EXT.P13- TRUE COPY OF THE REPLY BY REGISTERED ACKNOWLEDGMENT DUE POST TO THE TALUK SURVEYOR (TRUE COPY) P.A TO JUDGE P.R.RAMACHANDRA MENON, J ....................................................... W.P.(C).18576/2009 .............................................. Dated this the 1st day of June, 2011 JUDGMENT Petitioner has approached this Court with the following prayers:- (i). To issue a writ of mandamus or any other appropriate writ, order or direction to the 3rd respondent to consider and dispose of Ext.P2 representation in accordance with law after affording an opportunity of hearing to the petitioner within a reasonable time as may be fixed by this Honourable Court. (ii). To declare that the Revenue authorities should follow the procedures prescribed for mutation of immovable properties as per the provisions contained in the Kerala Village Manual. 2. Heard the learned Government Pleader as well, who submits that the matter could be disposed of directing the third respondent to consider and finalize Ext.P2 representation, after giving an opportunity of hearing as prayed for by the petitioner, within a reasonable time. W.P.(C).18576/09 2 3. In the above circumstances, no further orders are warranted on merits, but for directing the third respondent to consider Ext.P2 preferred by the petitioner exposing the grievance and pass final orders therein, in accordance with law, after giving an opportunity of hearing to the petitioner as well as the sixth respondent, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. P.R.RAMACHANDRA MENON, Judge mrcs