IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 24TH FEBRUARY 2011 / 5TH PHALGUNA 1932 WP(C).No. 1278 of 2010(H) ------------------------------------- PETITIONER(S): ----------------------- B.SARADA, W/O.K.VIJAYAN, CHEMBISSERIL, PADA NORTH, KARUNAGAPPALLY, KOLLAM. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): ------------------------- 1. THE TAHASILDAR, TALUK OFFICE, KARUNAGAPPALLY, KOLLAM DISTRICT. 2. THE SUPERINTENDENT OF RE-SURVEY TALUK OFFICE, KARUNAGAPPALLY,KOLLAM DISTRICT. 3. THE VILLAGE OFFICER,ALAPPADU VILLAGE, KARUNAGAPPALLY,KOLLAM. 4. THE INDIAN RARE EARTHS LIMITED, CHAVARA, KOLLAM, REPRESENTED BY ITS MANAGING DIRECTOR. 5. SMT.THANKAMMA, PRADEEP BHAVANAM, PAYKKATTU MANNEL KADAVU, CLAPPANA P.O., KARUNAGAPPALLY, KOLLAM. 6. SRI.PONNAPPA PANICKER PAZHANI, CHALIL VEEDU, SRAYIKADU, CHERIYAZHIKKAL P.O., KARUNAGAPPALLY, KOLLAM. 7. SRI.PONNAPPA PANICKER VIDHUKUMAR, CHALIL VEEDU, SRAYIKADU, CHERIYAZHIKKAL P.O., KARUNAGAPPALLY,KOLLAM. 8. SRI.PONNAPPA PANICKER VINAYARAJAN, CHALIL VEEDU, SRAYIKADU, CHERIYAZHIKKAL P.O., KARUNAGAPPALLY, KOLLAM. Svs ...........2/-.... ...2... 9. SRI.DHARMARAJAN, POOTHAPARMBIL, SRAYIKADU, CHERIYAZHIKKAL P.O., KARUNAGAPPALLY, KOLLAM. 10. SMT.JALAJA, POOTHAPARAMBIL, SRAYIKADU, CHERIYAZHIKKAL P.O., KARUNAGAPPALY, KOLLAM. 11. SRI.SASIDHARAN, SASIDHARA BHAVANAM, SRAYIKADU, CHERIYAZHIKKAL P.O., KARUNAGAPPALLY, KOLLAM. 12. SRI.SUBRAMANIYAM, KUNNATHU VEEDU, CLAPPANA P.O., KARUNAGAPPALLY, KOLLAM. R1 BY GOVT. PLEADER SRI.ARAVINDAKUMAR BABU R4 BY ADVS. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH SRI.V.J.ANAND R9-10 BY ADVS. SRI.K.N.GOVINDANKUTTY MENON SRI.S.MADHAVAN NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 1278/2010(H) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE TAX RECEIPT DATED 05/12/1989 ISSUED BY THE 3RD RESPONDENT FOR THE YEAR 1989. P2: COPY OF THE JUDGMENT DATED 01/12/1999 IN O.P. NO.23005/1999 OF THIS HON'BLE COURT. P3: COPY OF THE ORDER NO.J-7083/99 DATED 29/07/2006. P4: COPY OF THE REPRESENTATION DATED 19/12/2009 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P5: COPY OF THE NOTICE DATED 23/12/2009 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P6: COPY OF THE PAPER REPORT APPEARED IN THE MATHRUBHUMI DAILY DATED THIS THE 13TH DAY OF JANUARY 2010. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.1278 OF 2010 -------------------------------- Dated this the 24th day of February 2011 JUDGMENT Grievance of the petitioner in the Writ Petition is with regard to non-implementation of Ext.P3 order passed by the R.D.O, Kollam in respect of the claim for effecting mutation of the property originally owned by the father of the petitioner. 2. The learned counsel for the petitioner submits that the first respondent, in spite the specific direction given by the R.D.O vide Ext.P3, has simply chose to 'rest in arm chair' without giving effect to Ext.P3, which made the petitioner to approach this Court by filing this Writ Petition. 3. Heard the learned Govt. Pleader as well. 4. The learned counsel for the petitioner submits that the only objection raised from the part of the first respondent, as evident from paragraph 2 of the counter affidavit, is that the petitioner did not submit any application before the Revenue Authorities regarding the mutation of the property of her father and that the petitioner had actually filed the application before the second respondent. The learned counsel for the petitioner submits that the W.P.(C) No.1278 OF 2010 2 petitioner is ready and willing to comply with the said requirement curing the defect, if any, by filing a petition before the first respondent, which in turn is sought to be considered and acted upon in tune with the direction given in Ext.P3. 5. In the said circumstances, the petitioner is at liberty to file a proper application before the first respondent satisfying the requirements as contemplated under the relevant Rules within 'two weeks'; on which event the same shall be considered by the first respondent and appropriate orders shall be passed, taking note of the observations made by the R.D.O in Ext.P3 giving effect to the same. Final orders in this regard shall be passed as expeditiously as possible, at any rate within 'one month' from the date of receipt of the application as aforesaid. Writ Petition is disposed of. P.R.RAMACHANDRA MENON vdv JUDGE