IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 WP(C).No. 34189 of 2010(W) ---------------------------------------- PETITIONER(S): ----------------------- 1. K.VENUKUMAR,S/O.KRISHNA PILLAI,R/AT 'ROHINI',PADMA BUILDING, PO VATTAPPARA,TRIVANDRUM, PIN 695 028. 2. A.SARO,W/O.K.VENUKUMAR. BY ADVS. SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. RESPONDENT(S): -------------------------- 1. THE TAHSILDAR,NEDUMANGAD,TRIVANDRUM, PIN 695 541. 2. THE VILLAGE OFFICER,VATTAPPARA, TRIVANDRUM,PIN 695 028. BY GOVT. PLEADER SRI.V.MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss ANTONY DOMINIC, J. ------------------------- W.P (C) No.34189 of 2010 -------------------------- Dated this the 12th November, 2010 J U D G M E N T Petitioners submit that they have ownership and possession of the property covered by Exts.P1 and P2 title deeds. They made an application to the first respondent to get the properties mutated in their name. That application is rejected by Ext.P6 and the reason stated is the pendency of O.S No.59/2010 before the Sub Court, Nedumangad. 2. Learned counsel for the petitioners submit that O.S 59/2010 is a suit filed by none other than themselves against one of their brothers and his creditors not to interfere with the plaint schedule property in respect of which application for mutation was made. Petitioners contend that the pendency of the suit can be no reason for declining mutation sought for by them. 3. If as stated by the petitioners O.S No.59/2010 is a suit filed by them, for the aforesaid relief sought, in my view, the pendency of said suit can be no reason for declining the mutation sought for by them. In that view of the matter, I cannot sustain Ext.P6 and I therefore quash W.P (C) No.34189 of 2010 2 Ext.P6. 4. The writ petition is disposed of directing respondents to pass fresh orders on the application made by the petitioners for mutation of their properties covered by Exts.P1 and P2. Petitioner to produce a copy of this judgment along with copy of this judgment before respondents 1 and 2 for compliance. ANTONY DOMINIC JUDGE ma