This is a matter relating to the mutation in respect of the property mentioned in Ext.P2 proceedings before the District Collector, Alappuzha. The parties have agreed before the District Collector that mutation can be effected based on the determination of the survey based on Lok Adalath of 7.12.2008 done by the Re-survey Superintendent. The petitioner is not a party to the proceedings before the Lok Adalath as well as before the District Collector in Ext.P2. This Court in OP.No.505 of 2011 held that, the petitioner is not bound by the award passed by the Lok Adalath. Since the petitioner is not a party to Ext.P2, the petitioner has challenged the order passed by the District Collector before the Land Revenue Commissioner. The Land Revenue Commissioner repelled the petitioner's challenge stating that the parties are bound by the order passed by the District Collector. It is challenging the order passed by the Land Revenue Commissioner, the petitioners filed this writ petition.
2. Admittedly, the petitioners are not parties to the proceeding referred in Ext.P2. The petitioners are also not parties to the Lok Adalath. In view of the matter, the petitioners are not bound by neither Ext.P2 or Lok Adalath. In such circumstances, any proceedings which entail in civil consequence, necessarily the petitioners ought to have been heard before any decision is taken in the matter. Therefore, Ext.P1 is set aside. The petitioners are not bound by Ext.P2. Therefore it seems that the proceedings have been concluded at the instance of the District Collector. There shall be a direction to the District Collector, Alappuzha to rehear the matter to the extent aggrieved by the writ petitioners. The proceedings led to Ext.P2 at the instance of the party respondents' application dated 23.6.2008. The District Collector shall obtain the assistance of the Taluk Surveyor or the Tahsildar to identify the property claimed by respective parties and thereafter take a decision in the matter in accordance with law. Needful shall be done within a period of three months after affording an opportunity of hearing to the petitioners as well as to the 4th respondent.
This writ petition is disposed of as above.
A.MUHAMED MUSTAQUE, (Judge) Kvs/-