Manju Pradeep vs The State Of Kerala
2022 Latest Caselaw 6852 Ker

               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

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.