IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WP(C).No. 35875 of 2008(U) -------------------------- PETITIONERS: ------------------- 1. T.M.ABDUL RAHIM, AGED 78 YEARS, S/O.MAHOOTHI HAJI, PARACKAL HOUSE, PERUVANTHANAM, PEERMADE. 2. T.M.ABDUL KARIM, S/O.MUHAMMED SHERIFF, OTTAPLACKAL HOUSE, KANJIRAPPALLY, MUNDAKAYAM, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENTS: --------------------- 1. DISTRICT COLLECTOR, KOTTAYAM. 2. THE TAHSILDAR, KANJIRAPPALLY, KOTTAYAM. 3. THE VILLAGE OFFICER, KOOVAPPALLY, KANJIRAPPALLY, KOTTAYAM. BY GOVT. PLEADER SMT. SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.35875 of 2008 -------------------------- Dated this the 4th December, 2008 J U D G M E N T Petitioners claim to be the purchasers of 37.52 Ares of land in R.S No.78/7 in Block No.10 of Koovappally village, having purchased the same from one Thomas, who had purchased the same under Exhibit P1. According to the petitioner his vendor had paid tax, as evidenced by Exhibit P3. He sought mutation of the property as per Exhibit P5 application. That has not been effected; an enquiry was sought. Vendor was an accused in CC No.763 of 2001 on the allegation that he had committed theft of Anjili tree situated adjacent to the registered holding of the petitioner. Hence the writ petition seeking a direction to the 2nd respondent to take further steps pursuant to Exhibit P5. 2. It is up to the 2nd respondent to conduct an enquiry and find out whether there is any factor which stands in the way of mutation being effected in favour of W.P ( C) No.35875 of 2008 2 the title holder. This shall be done pursuant to Exhibit P5. If there is no other objection, mutation shall be effected without further delay,. Accordingly, the writ petition is disposed of directing the 2nd respondent to look into Exhibit P5 and conduct an enquiry and appropriate action shall be taken within two months from the date of receipt of a copy of this judgment. If necessary, notice shall be issued to the vendor of the petitioners also by the 2nd respondent before a decision is taken in this regard. (V.GIRI,JUDGE) ma W.P ( C) No.35875 of 2008 3 W.P ( C) No.35875 of 2008 4