Firose Y vs Tahsildar
2025 Latest Caselaw 9861 Ker

Citation : 2025 Latest Caselaw 9861 Ker
Judgement Date : 21 October, 2025

Kerala High Court

Firose Y vs Tahsildar on 21 October, 2025

                                                          2025:KER:78042


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

    TUESDAY, THE 21ST DAY OF OCTOBER 2025 / 29TH ASWINA, 1947

                       WP(C) NO. 28357 OF 2025


PETITIONER:

    1     FIROSE Y
          AGED 50 YEARS
          SON OF YOOSUF KUNJU, NALLANTHARAYIL, MIDAPPALLY,
          EDAPPALLYCOTTA, CHAVARA, KOLLAM, PIN - 691583


          BY ADVS.
          SHRI.NIDHI SAM JOHNS
          SRI.LIJO JOSEPH (THOPPIL)
          SRI.A.KEVIN THOMAS
          SMT.CELIA SANTHOSH




RESPONDENTS:

    1     TAHSILDAR
          KARUNAGAPPALLY TALUK, KARUNAGAPPALLY,
          KOLLAM DISTRICT, PIN - 690518

    2     VILLAGE OFFICER
          CHAVARA, KARUNAGAPPALLY TALUK,
          KOLLAM DISTRICT, PIN - 691583

    3     SAMEELA
          WIFE OF M.M.ANSARI, KIDANGAZHIKAM HOUSE, THEKEVILLA,
          ERAVIPURAM P.O, MUNDAKKAL VILLAGE, KOLLAM TALUK,
          KOLLAM DISTRICT, PIN - 691011

    4     ANZIL
          SON OF M.M.ANSARI, KIDANGAZHIKAM HOUSE, THEKEVILLA,
          ERAVIPURAM P.O, MUNDAKKAL VILLAGE, KOLLAM TALUK,
          KOLLAM DISTRICT, PIN - 691011

    5     FATHIMA
                                                      2025:KER:78042

W.P.(C.) No.28357 of 2025
                               -2-


            DAUGHTER OF M.M.ANSARI, KIDANGAZHIKAM HOUSE,
            THEKEVILLA, ERAVIPURAM P.O, MUNDAKKAL VILLAGE,
            KOLLAM TALUK, KOLLAM DISTRICT, PIN - 691011


            BY ADVS.
            SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER
            SHRI.R.SATISH KUMAR FOR R3 TO R5


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ORDERS ON
21.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                              2025:KER:78042

W.P.(C.) No.28357 of 2025
                                    -3-




                       C. JAYACHANDRAN, J.
              ------------------------------------
                    W.P.(C.) No.28357 of 2025
              ------------------------------------
            Dated, this the 21st day of October, 2025


                                  JUDGMENT

Ext.P3 order refusing mutation sought for by the petitioner

is under challenge in this writ petition. The petitioner

claims that he purchased 24.51 ares of land by virtue of

Ext.P1 document executed on 24.04.2025 and registered

before the SRO concerned. Now, mutation sought for is

refused by the Village Officer concerned in view of an

interim order passed in an I.A. to a suit O.S. No.4 of 2021

pending before the Sub Court, Karunagapally filed by

respondents 3 to 5 herein.

2. Learned counsel for the petitioner would submit that

the suit is one for specific performance of a contract.

Learned counsel for the petitioner would also point out

that an order produced at Annexure-R3(C) has come to the

notice of the petitioner, when the same was produced along 2025:KER:78042

with the counter. The said order dated 19.01.2021

interdicts respondents 1 to 3 therein (the predecessor of

the petitioner) from creating any document in respect of

the subject property, until further orders. It is the

specific contention raised by the learned counsel for the

petitioner that this order [Annexure R3(C)] was not

communicated to the defendants in the suit, from whom the

petitioner purchased the property. It was pointed out that

the defendants are residing in Singapore and they were

impleaded in the suit with an address shown at

Kadavanthara, Kochi. It was also urged by the learned

counsel for the petitioner that, inasmuch as the sale deed

has already been registered, mutating the same in favour of

the petitioner would not amount to violation of

Annexure-R3(C) order, since mutation, by itself, will not

amount to creation of a document.

3. These submissions were seriously opposed by the

learned counsel for respondents 3 to 5. Learned counsel for

the said respondents would submit that defendants in the 2025:KER:78042

suit (petitioner's predecessors) were very much aware of

Annexure-R3(C) order.

4. Having heard the learned counsel for the respective

contesting parties, this Court is of the opinion that the

instant facts and circumstances does not permits of an

adjudication of the issue, invoking the powers under

Article 226 of the Constitution. It is only just and proper

that the parties are relegated to the civil court, where

the suit O.S. No.4 of 2021 is pending, so as to seek

appropriate reliefs.

5. In the circumstances, without prejudice to the

petitioner's right to approach the said civil court seeking

mutation or such other reliefs as advised, the instant writ

petition will stand dismissed.

Sd/-

C. JAYACHANDRAN

JUDGE SKP 2025:KER:78042

APPENDIX OF WP(C) 28357/2025

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SALE DEED NO. 1014/2025 DATED 24.04.2025 OF THE CHAVARA SUB REGISTRAR OFFICE EXHIBIT P2 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE NO.P34474497 DATED 05.07.2025 OF THE CHAVARA SUB REGISTRAR OFFICE EXHIBIT P3 TRUE COPY OF THE LETTER DATED 06.05.2025 ISSUED BY THE VILLAGE OFFICER, CHAVARA EXHIBIT P4 TRUE COPY OF THE PRINT OUT OF THE ONLINE CASE STATUS OF O.S. NO. 4/2021 OF THE SUB COURT, KARUNAGAPPALLY (FROM KOLLAM DISTRICT COURT WEBSITE) RESPONDENTS' EXHIBITS:

EXHIBIT R3(A) TRUE COPY OF THE PLAINT IN O.S. NO. 4/2021 FILED BY THESE RESPONDENT BEFORE THE SUB COURT, KARUNAGAPPALY DATED JANUARY 2021 EXHIBIT R3(B) TRUE COPY OF THE INJUNCTION APPLICATION I.A. NO. 1/2021 IN O.S. NO. 4/2021 FILED BY THESE RESPONDENTS BEFORE THE SUB COURT, KARUNAGAPPALLY DATED JANUARY 2021 EXHIBIT R3(C) TRUE COPY OF THE ORDER DATED 19/1/2021 IN I.A. NO. 1/2021 IN O.S. NO. 4/2021 OF SUB COURT, KARUNAGAPPALLY

RESPONDENTS' EXHIBITS: NIL

TRUE COPY

P.A. TO JUDGE