Pankajam vs State of Kerala

A. Muhamed Mustaque, J.—This writ petition is filed feeling aggrieved by the non- consideration of change of mutation of the petitioner''s property by the Tahsildar concerned. The learned Government Pleader, on instructions, submits that the Land Tribunal has already issued a patta and the Land Tribunal has rejected the request made by the petitioner to make changes in the patta. It is consequent upon that the Tahsildar has rejected such request. It is revealed from the patta that the petitioner is having only 7 cents. However, the petitioner asserts that she is in possession of 8 cents of land. Reply statement filed by the Tahsildar also disclosed that she is in possession of entire extent. It is for the Land Tribunal concerned to consider the application of the petitioner on merit if the order based on which the patta is issued to the petitioner carries mistake as to the actual extent of land. Necessarily the Land Tribunal has to consider such application, even if there is a delay on the part of the petitioner in approaching the Land Tribunal. Therefore, there will be a direction to the Kollengode Land Tribunal to consider the application of the petitioner afresh in the light of the order for change of effecting actual extent of land in the patta already issued. The Land Tribunal has such power in terms of Section 136A of the Kerala Land Reforms Tenancy Rules, 1970. It should be done after taking necessary enquiry. If the Land Tribunal on such enquiry satisfied that the petitioner is in possession of such property, necessary changes has to be effected. This shall be completed within three months from the date of receipt of a copy of this judgment. If the Land Tribunal passes an order for correction, necessarily consequential effect of mutation shall be carried out by the Tahsildar without further delay.

The writ petition is disposed of as above.