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2025 DAILYLAW 3173 (KER)

HARIMURALI v. STATE OF KERALA

WP(C)/2698/2024 · 2025-04-03

T R Ravi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:29085 WP(C) NO. 2698 OF 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 2698 OF 2024 PETITIONER: HARIMURALI AGED 67 YEARS S/O SREEDHARA PANICKER, BRINDAVAN, THYCAUD, THIRUVANANTHAPURAM, PIN - 695014 BY ADVS. MANU VYASAN PETER P.B.KRISHNAN P.B.SUBRAMANYAN SABU GEORGE B.ANUSREE RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001. 2 THE DIRECTOR DIRECTORATE OF SURVEY AND LAND RECORDS, SURVEY BHAVAN, COTTON HILL ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM DISTRICT, PIN – 695014. 3 DISTRICT SURVEY DIRECTOR GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN – 695014. 2025:KER:29085 WP(C) NO. 2698 OF 2024 2 4 THE TAHSILDAR (LAND RECORDS) TALUK OFFICE, FORT P.O., THIRUVANANTHAPURAM, PIN – 695014. 5 JAYASREE SREEDHARAN AGED 64 YEARS W/O JYOTHI CHANDRA BHANU, RESIDING AT BRINDAVAN, T.C. NO. 24/93, (NEW T.C NO. 28/928), THYCAUD P.O., THIRUVANANTHAPURAM, PIN – 695014. BY ADVS. K.B.PRADEEP K.B HARISANKAR R(K/001536/2018) HRIDYALAKSHMI P.(K/003980/2023) SRI. RAJEEV JYOTHISH GEORGE, GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29085 WP(C) NO. 2698 OF 2024 3 T.R. RAVI, J. -------------------------------------------- W.P.(C) No.2698 of 2024 -------------------------------------------- Dated this the 03rd day of April, 2025 JUDGMENT The writ petition has been filed challenging Ext.P15 notice whereby the petitioner has been directed to appear before the Tahsildar (Land Records) for the purpose of taking further action on an application submitted by the 5th respondent. The notice also refers to the order dated 12.12.2023 in W.P.(C) No.34922/2023 issued by this Court. The request made by the 5th respondent has been produced as Ext.P12 which requests for sub division of the property of the 5th respondent, her mother and two brothers. The grievance of the petitioner is that properties have been derived from the father as well as the mother of the petitioner and with respect to the properties derived from the father there is a suit for partition. The counsel for the 5th respondent submitted that 2025:KER:29085 WP(C) NO. 2698 OF 2024 4 they are limiting their request in Ext.P12 to the extent of properties that the 5th respondent got from her mother through document No.1664 of 2012 and situated in Survey No.1233/2 in Thycaud Village. In view of the above submission, this writ petition is disposed of restricting the enquiry and action pursuant to Ext.P15 to the property of the 5th respondent situated in survey No.1233/2 in Thycaud Village which she got from her mother through document No.1664 of 2012 dated 28.05.2012. Sd/- T.R.RAVI JUDGE mpm 2025:KER:29085 WP(C) NO. 2698 OF 2024 5 APPENDIX OF WP(C) 2698/2024 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT DATED 24.09.2013 IN O.S NO. 660 OF 2013 ON THE FILE OF THE PRINCIPAL SUBORDINATE JUDGE’S COURT, THIRUVANANTHAPURAM. Exhibit P2 TRUE COPY OF THE COMMISSION REPORT TOGETHER WITH THE ROUGH-SKETCH DATED 05.10.2020 IN O.S NO. 660 OF 2013 ON THE FILE OF THE PRINCIPAL SUBORDINATE JUDGE’S COURT, THIRUVANANTHAPURAM. Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 12.10.2018 IN O.S NO. 660 OF 2013 ON THE FILE OF THE PRINCIPAL SUBORDINATE JUDGE’S COURT, THIRUVANANTHAPURAM. Exhibit P4 TRUE COPY OF THE DECREE DATED 12.10.2018 IN O.S NO. 660 OF 2013 ON THE FILE OF THE PRINCIPAL SUBORDINATE JUDGE’S COURT, THIRUVANANTHAPURAM. Exhibit P5 TRUE COPY OF THE APPLICATION I.A NO.1 OF 2018 DATED 27.12.2018 IN O.S NO. 660 OF 2013 ON THE FILE OF THE SUBORDINATE JUDGE’S COURT, THIRUVANANTHAPURAM. Exhibit P6 TRUE COPY OF THE APPLICATION I.A NO. 2 OF 2020 DATED 20.01.2020 IN O.S NO. 660 OF 2013 ON THE FILE OF THE SUBORDINATE JUDGE’S COURT, THIRUVANANTHAPURAM. Exhibit P7 TRUE COPY OF THE APPLICATION I.A NO. 1 OF 2020 DATED 20.01.2020 IN O.S NO. 660 OF 2013 ON THE FILE OF THE SUBORDINATE JUDGE’S COURT, THIRUVANANTHAPURAM. 2025:KER:29085 WP(C) NO. 2698 OF 2024 6 Exhibit P8 TRUE COPY OF THE APPLICATION I.A NO. 1 OF 2019 DATED 26.07.2019 IN O.S NO. 660 OF 2013 ON THE FILE OF THE SUBORDINATE JUDGE’S COURT, THIRUVANANTHAPURAM. Exhibit P9 TRUE COPY OF THE APPLICATION I.A NO. 5 OF 2020 DATED 22.09.2020 IN O.S NO. 660 OF 2013 ON THE FILE OF THE SUBORDINATE JUDGE’S COURT, THIRUVANANTHAPURAM. Exhibit P10 TRUE COPY OF THE APPLICATION I.A NO. 4 OF 2020 DATED 22.09.2020 IN O.S NO. 660 OF 2013 ON THE FILE OF THE SUBORDINATE JUDGE’S COURT, THIRUVANANTHAPURAM. Exhibit P11 TRUE COPY OF THE ORDER DATED 06.11.2020 IN I.A NO. 5 OF 2020 IN O.S NO. 660 OF 2013 ON THE FILE OF THE SUBORDINATE JUDGE’S COURT, THIRUVANANTHAPURAM. Exhibit P12 TRUE COPY OF THE COMPLAINT DATED 31.08.2013 SUBMITTED BY RESPONDENT NO.5 BEFORE THE DISTRICT SURVEY DIRECTOR, THIRUVANANTHAPURAM. Exhibit P13 TRUE COPY OF THE JUDGMENT DATED 15.06.2022 IN W.P(C) NO. 21218 OF 2020 ON THE FILE OF THIS HON’BLE COURT. Exhibit P14 TRUE COPY OF THE JUDGMENT DATED 12.12.2023 IN W.P(C) NO. 34922 OF 2023 ON THE FILE OF THIS HON’BLE COURT. Exhibit P15 TRUE COPY OF THE NOTICE DATED 08.01.2024 ISSUED BY THE TAHSILDAR (LAND RECORDS), THIRUVANANTHAPURAM. 2025:KER:29085 WP(C) NO. 2698 OF 2024 7 RESPONDENTS’ EXHIBITS EXHIBIT R5 A TRUE COPY OF THE SALE DEED BEARING NO.229/1966 OF SRO, CHALAI. EXHIBIT R5 B TRUE COPY OF THE LETTER DATED 21/08/2023 TO THE 4TH RESPONDENT. EXHIBIT R5 C TRUE COPY OF THE LETTER DATED 16/02/2024 TO THE 4TH RESPONDENT.