LAWS(KER)-2018-9-311

SIDDARTH.P.SHANKAR Vs. THE VILLAGE OFFICER

Decided On September 27, 2018
Siddarth.P.Shankar Appellant
V/S
THE VILLAGE OFFICER Respondents

JUDGEMENT

(1.) The main prayers in this Writ Petition are as follows:

(2.) Heard Sri.K.M.Sathyanatha Menon, learned counsel for the petitioner and Smt.A.C.Vidhya, learned Government Pleader appearing for the respondents.

(3.) According to the petitioner, his grandfather had purchased landed property coming to an extent of 2.89 acres comprised in Sy.No.171/2, 171/3 and 171/11 of Karimbuzha II Village, Ottapalam Taluk, Palakkad District as per Ext.P-2 registered sale deed No.1398/2007 dated 27.3.2007 of S.R.O., Kadambazhipuram. That, later, petitioner's grandfather had executed Ext.P-1 registered will allotting the said property to the petitioner as per B schedule thereof as his share in that bequest. The petitioner's grandfather passed away on 9.6.2018 and accordingly, the petitioner had thus become the absolute owner of the property. Further it is stated that Exts.P-3 & P-4 documents are the prior title deeds in question and Exts.P-5, P-5(a) and P-5(b) are the tax receipts issued by the Village Officer concerned. It is contended by the petitioner that the abovesaid properties are in possession of the petitioner's family from the year 1949 onwards. When the petitioner's grandfather requested for mutation of the properties in his name, the petitioner's grandfather was issued with Ext.P-8 communication dated 28.4.2018 issued by the 1st respondent- Village Officer stating that after re-survey, the abovesaid properties are included in Kadambazhipuram II Village in Block No.76 in Re- Sy.No.537 and that the same is categorized as "puramboke land" in the re-survey records.