M/S. Muthoot Vehicle And Asset ... vs The Village Officer
2021 Latest Caselaw 4475 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

     MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942

                       W.P.(C) No.223 OF 2021(C)


PETITIONER/S:

                M/S. MUTHOOT VEHICLE AND ASSET FINANCE LTD.,
                OPPOSITE SARITHA THEATRE, BANERJI ROAD, ERNAKULAM -
                18, PREVIOUSLY KNOWN AS M/S. MUTHOOT LEASING AND
                FINANCE LTD, REPRESENTED BY ITS POWER OF ATTORNEY
                HOLDER AND MANAGER, MADHU E, S/O. LATE KELAPPAN, AGED
                42 YEARS, VENKALLULLATHIL, MEPPAYUR, KOZHIKODE.

                BY ADV. SRI.SHIJU VARGHESE

RESPONDENT/S:

      1         THE VILLAGE OFFICER
                PANMANA VILLAGE OFFICE, KARUNAGAPPALLY TALUK, KOLLAM
                DISTRICT, PIN - 690518.

      2         THE TAHSILDAR
                KARUNAGAPPALLY TALUK, KARUNAGAPPALLY, KOLLAM
                DISTRICT, PIN - 690518.


OTHER PRESENT:

                SMT K.AMMINIKUTTY- SR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.223 OF 2021(C)

                                     2
                               JUDGMENT

The petitioner, who is the decree holder in E.P.No.280 of 2012

on the file of the IVth additional District Court, Kollam. In execution

proceedings, the petitioner bid in auction 5 cents of land, as evidenced

by Ext.P1 auction certificate dated 20.05.2019. The petitioner has filed

this writ petition under Article 226 of the Constitution of India, seeking

a writ of certiorari to quash Ext.P4 letter bearing No.689/2020 dated

27.11.2020 and a writ of mandamus commanding the 1st respondent

Village Officer to dispose of Ext.P3 application dated 16.11.2020 for

mutation, within a time limit to be fixed by this Court.

2. On 06.01.2021, when this writ petition came up for

admission, the learned Government Pleader was directed to get

instructions and file a statement on behalf of the 1st respondent Village

Officer.

3. Today, when this writ petition is taken up for consideration,

it is submitted by the learned counsel for the petitioner and also the

learned Senior Government Pleader for the respondents that the 1 st

respondent has already effected mutation of the property in the name

of the petitioner and the petitioner has already remitted land tax.

Recording the aforesaid submission made by the learned counsel

on both sides, the writ petition is closed.

Sd/-

ANIL K. NARENDRAN JUDGE MIN W.P.(C) No.223 OF 2021(C)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE AUCTION CERTIFICATE DATED 20.05.2019 IN EP NO. 280/2012 OF THE IV THE ADDITIONAL DISTRICT COURT, KOLLAM.

EXHIBIT P2 TRUE COPY OF THE REPORT OF THE AMIN DATED 30.01.2020.

EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 16.11.2020 FOR EFFECTING MUTATION.

EXHIBIT P4 TRUE COPY OF THE LETTER BEARING NO.

689/2020 DATED 27.11.2020.