IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 WP(C).No. 20114 of 2010(L) -------------------------- PETITIONER(S): --------------- P.SASIDHARAN,AGED 55 YEARS, S/O.VELAYUDHAN,RESIDING AT POONCHOLA HOUSE, O.B.ROAD, MEENCHANDA, KOZHIKODE. BY ADVS. SRI.V.V.SURENDRAN SRI.P.A.HARISH SMT.RESMI NANDANAN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KOZHIKODE 673 020. 2. THE TAHSILDAR,KOZHIKODE 673 020. 3. THE VILLAGE OFFICER, CHERUVANNUR, KOZHIKODE 673 631. BY GOVT. PLEADER SRI. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: shg/ S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.20114 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of July, 2010 J U D G M E N T The petitioner purchased certain lands as per Ext.P1 assignment deed. The petitioner's grievance in this writ petition is that, mutation is not being effected in respect of the property, despite an application made in that behalf and possession certificate also is not being issued to him. 2. On instructions from the respondents, the learned Government Pleader submits that, there is some discrepancy between the area of the property mentioned in Ext.P1 and the area actually in possession of the petitioner. There is also some difference in the survey numbers. Further there is a suit pending in respect of a part of the property. In the above circumstances mutation cannot be effected is the contention raised by the learned Government Pleader. He would also submit that there is an injunction order in respect of the part of property. W.P.(C)No.20114 of 2010 -2- 3. I have considered the rival contentions in detail. 4. Whatever be the reasons for not effecting mutation and issuing possession certificate, I am of opinion that the petitioner is entitled to have an order passed on his application giving reasons why the application cannot be allowed. I am of opinion that if mutation in respect of any part of the property can be effected that also has to be considered. Accordingly this writ petition is disposed of with a direction to the 2nd respondent to consider the application for mutation and possession certificate of the petitioner and pass a considered order after affording an opportunity of being heard to the petitioner and others involved, as expeditiously as possible, at any rate within a period of two months from the date of receipt of a copy of this judgment in accordance with the above observations. S. SIRI JAGAN JUDGE shg/