High Court of KeralaWP(C)/37752/2015disposed of

Cherian Scaria v. Village Officer, Angadi Village

2015-12-14Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 14TH DAY OF DECEMBER 2015/23RD AGRAHAYANA, 1937 WP(C).No. 37752 of 2015 (T) ---------------------------- PETITIONERS :

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1. CHERIAN SCARIA, AGED 64 YEARS, S/O. SCARIA, ALAPPATTU HOUSE, ANGADI P.O., PIN-689 674, ANGADI KARA, ANGADI PANCHAYAT, ANGADI VILLAGE, RANNY TALUK, PATHANAMTHITTA DISTRICT.

2. REMANI CHERIAN, AGED 57 YEARS, W/O.CHERIA SCARIA, ALAPPATTU HOUSE, ANGADI P.O., PIN-689 674, ANGADI KARA, ANGADI PANCHAYAT, ANGADI VILLAGE, RANNY TALUK, PATHANAMTHITTA DISTRICT. BY ADVS.SRI.K.SHAJ SRI.SAJJU.S SRI.RENJIT GEORGE SMT.ANJU MOHAN SRI.S.VISHNU (ARIKKATTIL) SRI.C.IJLAL RESPONDENT :

-------------------- VILLAGE OFFICER, ANGADI VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT-689 641. BY GOVERNMENT PLEADER SRI. BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 37752 of 2015 (T) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

TRUE COPY SALE DEED NO.977/2014 OF RANNI SRO. P2 :

TRUE COPY OF THE REPRESENTATION DT 1-9-2015 FILED BEFORE THE PETITIONERS BEFORE THE RESPONDENT.

P3 :

TRUE COPY OF ATTACHMENT ORDER DT 17-10-2014 IN IA.NO.1455/2014 IN OS.NO.297/2014 OF THE MUNSIFF'S COURT, RANNI. RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.A.TO JUDGE bp

A.MUHAMED MUSTAQUE, J.

===================== W.P(C)No.37752 of 2015 ========================== Dated this the 14th day of December, 2015

JUDGMENT

Petitioner submits that his application for mutation has not been considered for the reason that an attachment has been effected in respect of the property sought to be mutated.

2. This Court is of the view, subject to attachment, the application for mutation shall be considered in accordance with law. It is to be noted, the entries in the revenue records are only 'fiscal purpose' and can no way affect the right of the creditor to proceed against the property.

3. Therefore, the needful shall be done within one month from the date of receipt of a copy of this judgment. Writ petition is disposed of.

Sd/- A.MUHAMED MUSTAQUE, JUDGE vdv/14/12/15