IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 WP(C).No. 23141 of 2009(K) --------------------------------- PETITIONERS: --------------- 1. JOSEPH ROY, AGED 40 YEARS, S/O. V.J.DAVID, VELUTHEDATH VEEDU, THEVARA DESOM, ELAMKULAM, ERNAKULAM. 2. SEBASTIAN DAVID, S/O. V.J.DAVID, VELUTHEDATH VEEDU, THEVARA DESOM, ELAMKULAM, ERNAKULAM. BY ADVS. MR.T.RAMPRASAD UNNI MRS.SMITHA GEORGE RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. TAHSILDAR, KANAYANNUR TALUK, ERNAKULAM. 3. THE VILLAGE OFFICER, ELAMKULAM VILLAGE, ERNAKULAM. MR. K. RAMESH - GOVERNMENT PLEADER FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23141 of 2009 PETITIONERS' EXHIBITS EXT.P1: COPY OF PETITION 10.8.09 SUBMITTED BY THE PETITIONERS BEFORE THE TAHSILDAR, KANAYANNUR TALUK. EXT.P2: COPY OF APPLICATION DTD 15.7.2009 MADE BY THE PETITIONERS TO THE ADDITIONAL TAHSILDAR, TO EFFECT MUTATION. EXT.P3: COPY OF THE COMMUNIATION DTD 11.8.09 FROM THE ADDITIONAL TAHSILDAR TO THE PETITIONERS. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.23141 OF 2009 ------------------------------- Dated this the 24th day of MAY, 2010 J U D G M E N T The petitioners challenge Ext.P3 order, whereby the second respondent has rejected the application for mutation submitted by the petitioners in respect of a property which originally belonged to their uncle Sri. Varghese, who is alleged to have been not heard of, for more than seven years, on the ground that the petitioners have not produced any documents to prove their contention and that no documents have been produced to show who are the legal heirs of the said Sri. Varghese. I am of opinion that the petitioners have got a right of appeal against that order before the appellate authority as provided in the Transfer of Registry Rules. Therefore, without prejudice to the right of the petitioners to file an appeal as provided under the Transfer of Registry Rules, this writ petition is dismissed. S. SIRI JAGAN, JUDGE acd