IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 WP(C).No. 18466 of 2009(C) -------------------------- PETITIONER(S): --------------- AUGUSTHI, S/O.AUGUSTHI, NALLI VEEDU, KOTHANALLOOR, KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI. K.SHAJ SRI.L.RAJ MOHAN RESPONDENT(S): --------------- VILLAGE OFFICER, PRAMADOM VILLAGE. MR.K.SUNIL KUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.18466/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF APPLICATION DATED 17/11/2008 FILED BY THE PETITIONER BEFORE THE RESPONDENT FOR MUTATION OF HIS PROPERTY. P2 : COPY OF REPLY DATED 27/11/2008 ISSUED BY RESPONDENT TO THE PETITIONER. P3 : COPY OF JUDGMENT DATED 20/03/2009 BY THIS HONOURABLE COURT IN WPC NO.8975/2009. P4 : COPY OF JUDGMENT DATED 02/04/2009 BY THIS HONOURABLE COURT IN WP(C) NO.10785/2009. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.18466 of 2009 --------------------------------- Dated, this the 7th day of October, 2009 J U D G M E N T Ext.P1 is an application made by the petitioner requesting the respondent to mutate the property purchased by him as per Sale Deed No.2270/08 of Konni SRO. Mutation was declined as per Ext.P2 stating that cases against the petitioner's vendor are pending before the Judicial First Class Magistrate Court, Ernakulam and Changanassery. It was thereupon that the petitioner filed this writ petition with a prayer to direct that mutation be effected relying on Exts.P3 & P4 judgments. 2. A statement filed by the respondent shows that the property has been attached by the Sub Court, Pathanamthitta in O.S.No.130/2009 and it is also stated that criminal cases are pending before Judicial First Class Magistrate Court, Ernakulam and Changanassery. The respondent has also placed reliance on a circular issued by the Land Revenue Commissioner declining mutation in such circumstances. 3. Going by the Transfer of Registry Rules, mutation is WP(C) No.18466/2009 -2- effected only for fiscal purposes and can have no effect on title or other claims. Further, it cannot have any effect on attachment also. Therefore, if mutation is effected, that will not affect the existing proceedings. 4. Therefore, this writ petition is disposed of directing the respondent to effect mutation of the property in the name of the petitioner on production of a copy of this judgment. However, make it clear in the records about the attachments that are already effected and in force in respect of the property. The petitioner shall produce a copy of this judgment before the respondent for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg