IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 WP(C).No. 4300 of 2011(J) ------------------------- PETITIONER: --------------- MONAPPAN JOSEPH, S/O.MATHEW, PAVVATH VEEDU, THOTTUVATHALA MURI, NEDUMUDI VILLAGE, NEDUMUDI.P.O.-688 508. ALAPPUZHA DISTRICT. BY ADV. MR. S.SANAL KUMAR MS. BHAVANA VELAYUDHAN RESPONDENTS: --------------- 1. THE VILLAGE OFFICER, NEDUMUDI VILLAGE, ALAPPUZHA DISTRICT-688 508. 2. THE THAHSILDAR, KUTTANAD TALUK, ALAPPUZHA DISTRICT-688 001. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. BY GOVERNMENT PLEADER MR. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 4300 OF 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 10th day of February, 2011 JUDGMENT The prayers in the Writ Petition are as follows: i. Issue a writ of mandamus any other appropriate writ, order or direction directing the respondent to effect mutation in the land tax register/basic tax register in respect of the property covered by Exhibit P1 Sale Deed and accept the tax from the petitioner. ii. issue such other writ, order or direction which this Honourable Court deems fit in the nature and circumstances of the case. 2. The learned counsel for the petitioner submits that, the petitioner acquired the property by virtue of Ext. P1 sale deed executed on 14.10.2010 of SRO, Pulinkunnu. In spite of submitting necessary application to effect the transfer or Registry under the relevant rules through the Sub Registrar's Office, the Revenue authorities have not taken necessary steps to effect the mutation for enabling the petitioner to remit the basic tax. The petitioner is constrained to approach this Court, in view of the loss and hardships being caused to her in enjoying the property in its true sense. 3 . Heard the Government Pleader as well W.P. (C) No. 4300 of 2011 : 2 : 4. The stalemate as projected in the writ petition appears to be that the nature of the property as shown in the village records, according to the village officials, is as 'nilam', whereas according to the petitioner, it is a dry land - “purayidam” as shown in Ext. P1. 5. In the said circumstances, the petitioner is permitted to approach the second respondent by filing necessary application in this regard within two weeks from the date of receipt of copy of this judgment. In the event of which, the same shall be considered and appropriate orders shall be passed within two months from the date of receipt of application as aforesaid. The writ petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd