RENJITH . K . C Vs. THE DISTRICT COLLECTOR ERNAKULAM DISTRICT, CIVIL STATION, KAKKANAD, ERNAKULAM - 682 030. AND ORS.

JUDGEMENT

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

(2.) Heard Sri. Varghese C. Kuriakose, learned counsel appearing for the petitioner, Smt. A.C. Vidhya, learned Government Pleader appearing for respondents 1 to 3 and Sri. Martin D. Alumkara, learned counsel appearing for contesting respondent No.5. Though notice has been duly served on respondent No.4, there is no appearance for that party. It is common ground that R-4 is supporting the cause of the petitioner and presumably it is on this account that he may not entered appearance despite service of notice.

(3.) The petitioner herein claims to be the owner in possession and enjoyment of the property having an extent of 5 cents (2.02 Ares), comprised in survey No.114/1(re-survey No.24/15) of block No.22 of Amballur Village, Kanayannur Taluk, Ernakulam Revenue District. On the basis of Ext.P-1 registered sale deed No.1131/2017 dated 20.07.2017 of SRO, Mulanthuruthy executed by the 4th respondent in favour of the petitioner. It is stated that the 4th respondent had obtained title of the said property covered by Ext.P-1, on the basis of Ext.P-2 registered Will No.278/III/2008 dated 10.11.2008 of SRO, Mulanthuruthy executed by the father of respondents 4 and 5. After the death of the father of respondents 4 and 5, the properties allotted to R-4 and R-5, as per schedules B and A respectively of Ext.P-2 registered Will has been duly mutated in their respective names and it is also stated that the basic land tax has also been accepted from the respondents 4 and 5 in respect of the properties allotted to them, as per B and A schedules of Ext.P-1 Will respectively. Pursuant to the conveyance of a portion of item No.1 of 'B' Schedule property of Ext.P-2 Will made by the 4th respondent as per Ext.P-1 registered sale deed, the petitioner had submitted Ext.P-3 application dated 19.08.2017 before the competent authority among respondents 2 and 3, for grant of mutation of the said property as per Ext.P-1, in favour of the petitioner and also for acceptance of basic land tax from the petitioner in respect of the said property.