George John v. The District Collector Kottayam

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 22ND DAY OF JULY 2015/31ST ASHADHA, 1937 WP(C).No. 6200 of 2015 (Y) ----------------------------------------- PETITIONER'S:

---------------------- 1.

GEORGE JOHN,S/O.GEORGE AGED 49 YEARS, CHIRAYIL HOUSE,KIZHAKKUMBHAGOM KARA, ETTUMANOOR (PO), KOTTAYAM.

2.

JOSEPH JOHN,S/O.JOHN,AGED 71 YEARS, CHIRAYIL HOUSE,ETTUMANOOR PADINJATTUMBHAGOM , ATHIRAMPUZHA VILLAGE,ETTUMANOOR (PO) REPRESENTED BY POWER OF ATTORNEY HOLDER GEORGE JOHN,S/O.GEROGE,CHIRAYIL HOUSE, KIZHAKKUMBHAGAOM KARA, ETTUMANNOOR (PO), KOTTAYAM.

BY ADVS.SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SRI.ARUN BOSE RESPONDENT'S:

------------------------- 1.

THE DISTRICT COLLECTOR, COLLECTORATE (PO),KOTTAYAM,PIN-686 001.

2.

THE TAHSILDAR,MINI CIVIL STATION,KOTTAYAM,PIN-686 001. 3.

THE VILLAGE OFFICER,ETTUMANOOR VILLAGE OFFICE, ETTUMANOOR PO, KOTTAYAM,PIN-686 631.

R1 TO R3 BY GOVT. PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

pto

WP(C).No.6200 of 2015 (Y) -------------------------------------- APPENDIX PETITIONER'S EXHIBITS ------------------------------------- EXHIBIT P1:TRUE COPY OF THE POWER OF ATTORNEY DATED 4/9/2001. EXHIBIT P2:TRUE COPY OF THE SALE DEED EXECUTED IN FAVOUR OF THE IST PETITIONER BEARING NO.1500/2000 DATED 4/4/2000. EXHIBIT P3:TRUE COPY OF THE SALE DEED EXECUTED IN FAVOUR OF THE 2ND PETITIONER BEARING NO. 1501/2000 DATED 4/4/2000. EXHIBIT P4:TRUE COPY OF THE JUDGMENT DATED 7/3/2012 IN OS 348/2001. EXHIBIT P5:TRUE COPY OF THE DECREE DATED 17/9/2014. EXHIBIT P6:TRUE COPY OF HE EXTRACT OF THE APPLICATION FOR MUTATION OF PROPERTY DATED 15/2/2015.

RESPONDENT'S EXHIBITS:

NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE svs

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 6200 of 2015 (Y) ------------------------------------------ Dated this the 22nd day of July, 2015

J U D G M E N T

The petitioners are aggrieved with the mutation, as per the Transfer of Registry Rules, 1966, having not been carried out despite an application and a declaration of law by a competent Civil Court.

2.

The learned Government Pleader, on instructions, submits that earlier the mutation was not effected since there was an apprehension that the land had 'puramboke' within its extent. However, the petitioners had filed a suit, which was decreed in their favour and an appeal filed by the State has also been rejected. In such circumstance, the learned Government Pleader submits that the mutation will be effected at any rate within two months from the date of receipt of the certified copy of this judgment.

W.P.(C) No. 6200/2015 -2Writ Petition is disposed of, with a direction to carryout the undertaking.

Sd/- K.VINOD CHANDRAN, JUDGE jjj