Sunilkumar.A vs State Of Kerala
2023 Latest Caselaw 11480 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023/17TH KARTHIKA, 1945
                   WP(C) NO. 34996 OF 2023
PETITIONERS:
    1     SUNILKUMAR A.
          AGED 48 YEARS
          S/O. ANIRUDHAN, BROTHERS BHAVAN,
          PUNNAPRA, VANDANAM P. O, ALAPPUZHA
          PIN - 688 005.
    2     JIJU JACOB, AGED 50 YEARS
          S/O. JACOB T.C. NO. 8/1450 (7),
          PONGANMODU, MEDICAL COLLEGE P. O,
          THIRUVANANTHAPURAM, PIN - 695 011.
    3     SANTHOSH A. C, AGED 52 YEARS
          S/O. CHANDRASEKHARAN, ATHELIL HOUSE,
          CHENNAYAPPARA P. O, PEECHI,
          THRISSUR, PIN - 680 653.

          BY ADVS.
          S.K.ADHITHYAN
          ALTHAF NABEEL
RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY,
          REVENUE DEPARTMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695 001.
    2     TAHSILDAR (LAND REVENUE)
          OFFICE OF THE TAHSILDAR,
          THULASI HILLS,
          PATTOM PALACE P. O.
          THIRUVANANTHAPURAM, PIN - 695 004.

          *THE DESCRIPTION OF THE 2ND RESPONDENT IS SUO MOTU
          CORRECTED AS THE TAHSILDAR (LAND RECORDS)
          OFFICE OF THE TAHSILDAR,
          THULASI HILLS,
          PATTOM PALACE P. O.
          THIRUVANANTHAPURAM, PIN - 695 004.


    3     VILLAGE OFFICER,
          KUDAPPANAKUNNU VILLAGE OFFICE
          PEROORKADA P. O, THIRUVANANTHAPURAM,
          PIN - 695 005.
 WP(C).No.34996 OF 2023

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        4          SUB REGISTRAR,
                   OFFICE OF THE SUB REGISTRAR,
                   PATTOM, PATTOM P. O
                   THIRUVANANTHAPURAM, PIN - 695 004.


                   SRI. BIMAL K.NATH - SR. GP



            THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
   ADMISSION        ON   08.11.2023,   THE   COURT   ON   THE    SAME   DAY
   DELIVERED THE FOLLOWING:
 WP(C).No.34996 OF 2023

                                    3



                            JUDGMENT

The description of the 2nd respondent in the cause

title is suo motu corrected as the Tahsildar (Land

Records), Office of the Tahsildar, Thulasi Hills, Pattom

Palace P. O, Thiruvananthapuram - 695 004.

2. The petitioners state that they have

purchased an extent of 4.55 Ares of property

comprised in Re-Survey No.259/12 in Block No.22 of

Kudappannakunnu Village as per Exts.P1 to P3 sale

deeds. After the purchase of the said property, the

petitioners approached the 3rd respondent for mutation

of the property. However, the 3 rd respondent refused

to consider the request of the petitioners for mutation

stating that there is an attachment over the property

as per order in O.S No.436 of 2010 by the Principal

Sub Court, Thiruvananthapuram. The petitioners state

that O.S No.436 of 2010 was held along with O.S WP(C).No.34996 OF 2023

Nos.1244 of 2009 and 52 of 2011 and disposed of by

Ext.P5 judgment. O.S No.1244 of 2009 referred to

above is filed by P.Ushakumari, the predecessor-in-

interest of the petitioner. The said suit was decreed in

favour of P.Ushakumari. It is stated that no appeal

has been preferred against O.S No.436 of 2010. An

RFA is pending before this Court, against O.S No.1244

of 2009. The petitioners contend that the pendency of

the appeal cannot be a reason for not effecting

mutation.

3. Heard the learned counsel for the petitioners

and the learned Government Pleader for the

respondents.

4. The petitioners have not produced the

application for mutation in this writ petition. In case

the petitioners file a formal application for mutation,

the 3rd respondent shall consider the same in

accordance with law, within a period of six weeks from WP(C).No.34996 OF 2023

the date of receipt of such application, after hearing

the petitioners and any interested/affected persons.

The petitioners shall produce the list of persons, who is

interested/affected before the 3rd respondent along

with a copy of this writ petition and a certified copy of

this judgment.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C).No.34996 OF 2023

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE SALE DEED NO. 789/2016 DATED 17/03/2016 OF SRO, PATTOM. EXHIBIT P2 TRUE COPY OF THE SALE DEED NO. 638/2016 DATED 29/02/2016 OF SRO, PATTOM. EXHIBIT P3 TRUE COPY OF THE SALE DEED NO. 3558/2015 DATED 17/12/2015 OF SRO, PATTOM. EXHIBIT P4 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE ISSUED IN THE NAME OF P. USHAKUMARI DATED 03/07/2019.

EXHIBIT P5 A TRUE COPY OF THE JUDGMENT IN OS NO.

436/2010 OF THE PRINCIPAL SUB COURT, THIRUVANANTHAPURAM DATED 04/10/2021. EXHIBIT P6 A TRUE COPY OF THE INTERIM ORDER IN RFA NO. 63/2022 DATED 03/08/2022.

    RESPONDENTS EXHIBITS:     NIL.