IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO. 25384 OF 2021
PETITIONER:
MANJU PRADEEP,
AGED 42 YEARS, W/O. PRADEEP RAJ,
51/732, PUNARTHAM,
JUNIOR JANATHA ROAD, VYTTILA P.O.
ERNAKULAM, KOCHI 682 019.
BY ADVS.
N.RETHEESH
SUMA RETHEESH
SHANKAR RETHEESH
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY,
REVENUE DEPARTMENT, GOVT. SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 THE TAHSILDAR,
TALUK OFFICE, KANAYANNUR TALUK,
ERNAKULAM 682 011.
3 THE VILLAGE OFFICER,
ERNAKULAM VILLAGE, ERNAKULAM 682 011.
SRI.JIBU T.S., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 25384 OF 2021
2
T.R. RAVI, J.
--------------------------------------------
W. P. (C). No. 25384 of 2021
--------------------------------------------
Dated this the 14th day of June, 2022
JUDGMENT
Admit. Government Pleader takes notice for the respondents.
2. The grievance of the petitioner is that the application submitted by the petitioner for mutation of properties in her name has been declined stating the pendency of a civil suit. It is submitted that a civil suit was pending and final decree proceedings are over and the said reason will no longer survive. It is also submitted that pendency of the civil suit cannot be a reason to deny mutation. I find considerable force in the contention raised by the petitioner.
In the result, this writ petition is allowed. There will be a direction to the 3rd respondent to effect mutation and transfer of registry in favour of the petitioner in respect of her property having an extent of 1.34 Ares in Sy.No.580/4-2 of Ernakulam Village as per Ext.P1 sale deed dated 24.02.2021 and accept land tax. Necessary orders shall be issued within one month from the date of receipt of a certified copy of this judgment.
Sd/-
T.R. RAVI JUDGE Pn WP(C) NO. 25384 OF 2021 3 APPENDIX OF WP(C) 25384/2021 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO. 699/2021 DATED 24.2.2021 OF S.R.O. ERNAKULAMN REGISTERED ON 1.3.2021 .
Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 29.3.2019 OF THE HONBLE HIGH COURT, ERNAKULAM IN R.F.A. NO. 208 OF 2015 ALLOWING THE RIGHT OF JOSEPH WHO WAS MISSING.
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 24.9.2019 OF THE HONBLE SUB COURT, ERNAKULAM IN O.S. NO. 204 OF 2012 ALLOWING THE SHARE OF JOSEPH WHO WAS MISSING AMONG HIS LEGAL HEIRS.
Exhibit P4 TRUE COPY OF THE FINAL DECREE APPLICATION NUMBERED AS I.A. NO. 3851/2019 IN O.S. NO. 204/2012 OF HONBLE SUB COURT ERNAKULAM. Exhibit P5 TRUE COPY OF THE COMPROMISE PETITION I.A.
NO. 1 OF 2021 DATED 25.2.2021 ENTERED INTO BETWEEN PARTIES TO THE FINAL DECREE APPLICATION NO. 3851 OF 2019 IN O.S. NO. 204 OF 2012.
Exhibit P6 TRUE COPY OF THE E- COURT SERVICE PROCEEDINGS DATED 26.02.2021 IN I.A. NO. 1/2021 IN F.D.A. NO. 3851/2019 OF THE HONBLE SUB COURT, ERNAKULAM.