O.A. Khadeeja vs The Village Officer
2023 Latest Caselaw 9115 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
                      WP(C) NO. 6332 OF 2023
PETITIONER/S:
           O.A. KHADEEJAAGED 37 YEARS, W/O. MUHAMMED FAIZAL,
           KUNHIMANGALAM P.O, P AYYANUR TALUK, KANNUR DISTRICT,
           PIN - 670309

          BY ADVS.M.ANUROOP SHIJU PUTHIYA PURAYILMURSHID ALI M.


RESPONDENT/S:
     1     THE VILLAGE OFFICER, KUNHIMANGALAM, KANNUR DISTRICT,
           PIN - 670309

    2     THE THAHASILDAR PAYYANUR TALUK, PAYYANUR, KANNUR
          DISTRICT, PIN - 670307

    3     STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
          695001

    4     PUZHAKKAL KHADEEJA, AGED 61 YEARS, W/O. LATE HAMEED,
          WHITE HOUSE, PUTHIYA PURAYIL, MADAYI P.O, KANNUR
          DISTRICT, PIN - 670304

          BY ADV MAHESH V RAMAKRISHNAN


OTHER PRESENT:
           SMT. PREETHA K K (SR GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.6332/2023                            -2-

                                        JUDGMENT

The petitioner purchased an item of property from the daughter of the 4 th

respondent. The 4th respondent has filed O.S No.142/2022 seeking the following

reliefs;

(i) to issue an order of permanent prohibitory injunction restraining the defendant from demolishing the quarters buildings situates in the plaint schedule property causing damage to the rest of the of the quarter building owned by this plaintiff;

(ii) directing the defendant to pay all the cost of this proceedings to the plaintiff and

(iii) granting such other reliefs which court deems fit and proper under the circumstances of the case.

2. The complaint of the petitioner is that citing pendency of the aforesaid

suit, the Village officer is refusing to effect mutation and to accept basic land tax

from the petitioner in respect of the property covered by Ext.P1 document. It is the

case of the petitioner that the 4th respondent has no claim whatsoever on the

property conveyed to the petitioner through Ext.P1 and therefore there is no reason

for the Village officer to refuse mutation and the acceptance of land tax from the

petitioner.

3. Heard the learned Government Pleader and the learned counsel

appearing for the 4th respondent. The learned counsel appearing for the 4 th

respondent has no objection in a direction being issued to the 1 st respondent to

consider Ext.P3 request made of the petitioner for effecting mutation after affording

an opportunity of hearing to the 4th respondent as well.

4. The learned counsel appearing for the petitioner submits that for the

present the petitioner will be satisfied if a direction is issued to the 1 st respondent to

consider Ext.P3 in accordance with the law and within a time frame to be fixed by

this court.

5. Having heard the learned counsel as above, this writ petition will stand

disposed of directing the 1st respondent to consider Ext.P3 after affording an

opportunity of hearing to the petitioner and the 4 th respondent within a period of 2

months from the date of receipt of a certified copy of this judgment. It is made clear

that the mere fact that a suit is pending in respect of the property cannot be a

ground to refuse mutation and that the civil rights of the 4 th respondent will not be

affected in any manner if the mutation is effected in favour of the petitioner by the

1st respondent. It is also made clear that the rights of the parties will be governed by

the final decision that will be taken by the civil court in the matter.

Sd/-

GOPINATH P.

JUDGE

AMG

APPENDIX OF WP(C) 6332/2023 PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE SALE DEED NO. 95/2022 OF SRO PAYYANUR

Exhibit P2 THE TRUE COPY OF THE PETITION IN IA 02/2022 IN OS NO.

142/2022 & OS NO. 142/2022 BEFORE THE HON'BLE MUNSIFF COURT PAYYANUR

Exhibit P3 THE TRUE COPY OF THE REPRESENTATION