Ansu Ashok v. The Village Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 9TH DAY OF JULY 2015/18TH ASHADHA, 1937 WP(C).No. 18235 of 2015 (D) ----------------------------------------- PETITIONER(S) :

------------------------- ANSU ASHOK, AGED 30 YEARS, W/O.JAISON, VEMPILLY MALIEKAL HOUSE, CHITTANATTUKARA, KUNNATHUNADU, PIN- 683 565.

BY ADVS.SRI.K.R.VINOD MS.JENCY SUSAN JOSE SRI.V.SRI NATH RESPONDENT(S) :

----------------------------

1. THE VILLAGE OFFICER, KUNNATHUNADU VILLAGE, ERNAKULAM- 683 542.

2. THE TAHSILDAR, KUNNATHUNADU TALUK, ERNAKULAM- 683 542.

3. THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT, ERNAKULAM- 682 030.

BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 18235 of 2015 (D) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS :

---------------------------------------- EXHIBIT P1: THE TRUE COPY OF THE SETTLEMENT DEED NO.1359/2012 OF SRO PUTHENCRUZ.

EXHIBIT P2: THE COMPUTER COPY OF THE JUDGMENT DATED 17.07.2014 IN W.P.(C).NO.25912/2011 OF THE HONOURABLE HIGH COURT OF KERALA.

RESPONDENT(S)' EXHIBITS :

------------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 18235 of 2015 (D) ------------------------------------------ Dated this the 9th day of July, 2015

J U D G M E N T

The petitioner claims mutation on the basis of Ext.P1 deed. The vendor in the deed is the petitioner's father. 2.

Though, the application is not produced, the learned Government Pleader submits, on instructions, that the mutation was not effected since Revenue Recovery proceedings were pending against the vendor.

3.

In fact, the Revenue Recovery proceedings had concluded by Ext.P2 judgment. In any event, the mere pendency of the Revenue Recovery proceedings need not detain the authorities from effecting transfer of Registry as provided in the Transfer of Registry Rules, 1966. The attachment, if any, made would definitely run with the property and the mutation effected would not, at all, affect such attachment.

W.P.(C) No. 18235/2015 -24.

In such circumstance, if an application for mutation is pending before the respondent, then the same shall be considered within a period of one week from today, de hors any attachment made on the property. Writ petition is disposed of Sd/- K.VINOD CHANDRAN, JUDGE jjj