IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 WP(C).No. 11718 of 2011(L) --------------------------------- PETITIONER(S): ------------------- 1. CORPORATION BANK, IST FLOOR, THALLIRETHU CHAMBERS, GOVERNMENT HOSPITAL ROAD, PATHANAMTHITTA, REPRESENTED BY K.AJITH RAO, AUTHORIZED OFFICER, CORPORATION BANK, GOVERNMENT HOSPITAL ROAD, PATHANAMTHITTA. 2. SHAJAHAN, AGED 36 YEARS, S/O.ABBAS, JASMI MANZIL, PATHRICKAL MURI, PATHRICKAL.P.O., PATHANAPURAM. BY ADVS. SRI.S.MOHANAN SRI.N.RAJENDRAN RESPONDENT(S): --------------------- 1. TAHSILDAR, TALUK OFFICE, KOZHENCHERRY, PATHANAMTHITTA DISTRICT - 689 641. 2. THE VILLAGE OFFICER, VALLIKODE, KOTTAYAM, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT - 689 656. BY GOVT.PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.11718 of 2011 ------------------------------------------- Dated this the 9th day of June, 2011 J U D G M E N T ---------------------- The petitioner is challenging Ext.P2 order issued by the 2nd respondent, wherein request made for effecting mutation in the land registry was denied assigning the reason that an order of attachment issued by the civil court is pending. It is settled legal position that the pendency of an attachment could not be taken as a ground to refuse transfer of registry. Under the above premise an interim order was issued by this court directing the respondents to effect mutation as requested, without prejudice to the effect of the attachment order issued by the civil court. 2. Learned Government Pleader, on the basis of instructions received submitted that the mutation requested for has already been effected. 3. The above submission is recorded and the writ petition is closed. W.P.(C).11718/11 -2- 4. However, it is made clear that the change offered in the land registry will be subject to validity of the order of attachment issued by the civil court and it will not in any manner affect the rights available to the attaching creditors. C.K.ABDUL REHIM, JUDGE. okb