IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 WP(C).No. 27053 of 2009(B) -------------------------- PETITIONER(S): --------------- LESLIAN THOMAS,PUTHUVAL PURAYIDOM, LORENA HOUSE,NEAR OLG,VALLAKKADAVU.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.SAJU.S.A RESPONDENTS: --------------- 1. DISTRICT COLLECTOR,COLLECTORATE, KOLLAM. 2. TAHSILDAR,TALUK OFFICE,KOLLAM. 3. MARYKUTTY,D/O.SARA,KAKKUTHIL VEEDU, PULLICHIRA THEKKUMKARA CHERRY,MAYYANAD,KOLLAM. BY GOVT. PLEADER SRI. P.N SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 27053 OF 2009 -------------------------- Dated this the 25th day of September, 2009 J U D G M E N T Heard Sri.S.A.Saju, the learned counsel appearing for the petitioner and Sri.P.N.Santhosh, the learned Government Pleader appearing for the respondents. 2. The petitioner’s father Sri. T.S.Thomas, owned a parcel of land. He passed away on 5.9.2001. It is stated that the petitioner, his mother Smt. Philomina Thomas and his sister Smt. Lorina Thomas are the only legal heirs of late T.S.Thomas. Reliance is placed on Ext.P1 heirship certificate in support of this submission. The petitioner states that though he along with his mother and sister had, as legal heirs of late T.S.Thomas, filed Ext.P2 application before the second respondent to effect mutation in the revenue records, till date, orders have not been passed thereon. In this writ petition the petitioner seeks a writ in the nature of mandamus commanding the second respondent to consider Ext.P2 application and pass orders thereon within a time limit to be fixed by this Court. 3. A reading of Ext.P2 indicates that it is an application filed W.P.(C) No. 27053/09 2 under the Transfer of Registry Rules, 1966, to effect mutation in the revenue records. The Tahsildar is the authority competent under the rules to issue orders on Ext.P2. Ext.P2 application is dated 13.7.2004. More than four years have passed thereafter. It appears that there is an inter se dispute between the legal heirs of late T.S.Thomas. Therefore, the Tahsildar cannot be blamed for the delay in disposing Ext.P2. However, in view of the fact that the suit filed by the third respondent has been dismissed as not pressed, the Tahsildar has to consider Ext.P2 and pass orders thereon. I accordingly dispose of this writ petition with a direction to the second respondent to consider Ext.P2 application and pass orders thereon with notice to all the legal heirs of late T.S.Thomas and also the third respondent. Final orders in the matter shall be passed within two months from the date on which the petitioner produces a certified copy of the judgment along with a copy of this writ petition, complete in all aspects, before the Tahsildar. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 27053/09 3