St. Joseph Hospital Trust, ... vs State Of Kerala
2023 Latest Caselaw 10984 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                         WP(C) NO. 16293 OF 2023
PETITIONER:

              ST. JOSEPH HOSPITAL TRUST, MANJUMMEL
              AGED 44 YEARS
              MANJUMMEL, MANJUMMEL P.O., ERNAKULAM REPRESENTED BY ITS
              DIRECTOR FR. GODWIN THIMOTHY, AGED 44 YEARS, S/O.
              THIMOTHY, RESIDING AT SUNDARAGIRI, THRIKKAKARA NORTH
              VILLAGE, KALAMASSERY, ERNAKULAM ., PIN - 683104
              BY ADVS.
              BEJOY JOSEPH P.J.
              M.RAMESH CHANDER (SR.)
              C.K.RAPHEEQUE
              K.B.NIDHINKUMAR
              BALU TOM
              BONNY BENNY
              GOVIND G. NAIR
              P.M.RAJAGOPAL


RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE
              DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.,
              PIN - 695001
     2        TAHSILDAR
              OFFICE OF THE TAHSILDAR, PARAVUR TALUK, ERNAKULAM., PIN -
              683513
     3        VILLAGE OFFICER
              OFFICE OF THE VILLAGE OFFICER, ELOOR VILLAGE, ERNAKULAM.,
              PIN - 683501
     4        SUB REGISTRAR
              OFFICE OF THE SUB REGISTRAR OFFICE, EDAPPALLY,
              ERNAKULAM., PIN - 682024
              SMT. DEEPA
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) NO. 16293 OF 2023

                                      2

                             JUDGMENT

The petitioner, St. Joseph Hospital Trust,

Manjummel, states that it got ownership of the

property, having an extent of 71 Ares 71 Sq. Mtrs in

R.S. No. 2 of Eloor Village, Paravur Taluk, by virtue of

Ext. P2 gift deed and an extent of 3 Ares 28 Sq. Mtrs

in R.S. No.26 of the said Village by virtue of Ext. P3

sale deed. Pursuant to the registration of those

documents, the petitioner approached the 3rd

respondent, Village officer for mutation of the

properties in the name of the Trust as per Rule 3 of

the Transfer of Registry Rules, 1966. However, the 3 rd

respondent refused to effect mutation of properties

without assigning any reasons. Accordingly, the

petitioner has filed this writ petition for a direction to

the respondents 2 and 3 to effect mutation of the W.P.(C) NO. 16293 OF 2023

properties described in Exts. P2 and P3 registered

documents in favour of the petitioner Trust.

2. A counter affidavit has been filed by the 2 nd

respondent wherein paragraph 4 of the counter

affidavit reads as follows:-

"4. It is submitted that on the basis of a petition received by Deputy Collector, Revenue Vigilance allegating that the incumbent officers of the St. Joseph Trust were selling of the land on unauthorized basis with the support of Government Officials, a report was called for. A detailed report had been submitted to Deputy Collector Revenue Vigilance who unstretched to seek a legal advice before effecting mutation in respect of this case since allegations are existing against this particular land. Hence, a request of legal opinion had been submitted to District Government Pleader with regard the follow up action."

3. The mutation proceedings are kept on hold

as the Deputy Collector, Revenue Vigilance has

received a petition alleging that the incumbent

officers of the Trust were selling land on W.P.(C) NO. 16293 OF 2023

unauthorised basis with the support of Government

officials and a report has been called for and

obtained and the Deputy Collector has instructed to

seek legal opinion before effecting mutation.

4. Heard Sri. Ramesh Chander, learned Senior

Counsel for the petitioner and the learned

Government Pleader for respondents.

5. Sri. Ramesh Chander submits that pendency of

enquiry by Revenue Vigilance shall not stand in the

way of effecting mutation of the property covered by

Exts. P2 and P3. The petitioner got ownership over

the properties by virtue of Exts. P2 and P3

registered deeds and there was no objection at the

time of registration of those documents and

mutation of properties cannot be refused for the

reason that an enquiry is pending. W.P.(C) NO. 16293 OF 2023

6. Its trite law that effecting mutation will not

amount to declaration of title of a person in whose

name the mutation has been effected. Mutation and

acceptance of land tax, etc., will not amount to

creation or extinguishment of title, nor has it any

presumptive value on title and it only enables the

person in whose favour the mutations are effected

to pay the land revenue.

Accordingly, there will be a direction to the 2 nd

respondent to consider the application of the

petitioner for mutation of properties described in

Exts. P2 and P3, as expeditiously as possible, at

any rate, within a period of six weeks from the

date of receipt of a certified copy of this judgment.

It is made clear that effecting mutation under the

Transfer of Registry Rules, 1966 will not amount to

declaration of title of the person in whose favour W.P.(C) NO. 16293 OF 2023

the mutation is effected and this judgment will not

stand in the way of the Revenue Vigilance

proceeding with the enquiry.

The writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE bnu W.P.(C) NO. 16293 OF 2023

APPENDIX

PETITIONER'S ANNEXURES

Annexure-A CERTIFIED COPY OF THE INTERIM ORDER DATED 26.07.2023 IN WP(C)NO.22338/2023 PASSED BY THIS HON'BLE COURT.

Annexure-B TRUE PHOTOCOPY OF THE COVERING LETTER DATED 29.07.2023 SENT TO THE RESPONDENTS. Annexure-C TRUE PHOTOCOPY OF THE LAWYER'S NOTICE DATED 26.08.2023 SENT TO THE RESPONDENTS.