IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 WP(C).No. 21264 of 2010(G) -------------------------- PETITIONER(S) :- ---------------------- K.S.SHEKAR, 314/XIV, SASTHA NAGAR, PUDUSSERY, PALAKKAD. BY ADV. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON SRI.MAHESH V.MENON RESPONDENT(S) :- ------------------------ 1. THE TAHSILDAR, TALUK OFFICE, OTTAPPALAM. 2. VILLAGE OFFICER, ANANGADI VILLAGE OFFICE, ANANGADI. 3. THE CHIEF MANAGER, KERALA FINANCIAL CORPORATION, BRANCH OFFICE, MATHERKOIL ROAD, SULTHAPET, PALAKKAD. STANDING COUNSEL MR.R.S.KALKURA FOR R3 GOVERNMENT PLEADER MR.DILEEP MOHAN FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt WP(C).No. 21264 of 2010 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of Sale Deed No.2347/10. Ext.P2 :- Copy of Application For Mutation in Form 1B made by the petitioner. Ext.P3 :- Copy of Letter submitted by the petitioner before the 2nd respondent. Ext.P4 :- Copy of Certificate issued by the 3rd respondent. Respondent's Exhibits :- Ext.R3(a) :- Copy of the letter of sanction dated KFC to Anil Joseph. Ext.R3(b) :- Copy of the letter confirmation of deposit of title deeds executed by Anil Joseph and others in favour of the KFC dated 3.11.1998. Ext.R3(c) :- Copy of the letter dated 4.11.4998 issued by the KFC to the Tahsildar, Ottappalam. Ext.R3(d) :- Copy of the notice under section 29 of the SFC Act issued by the KFC dated 27.11.2000 to Anil Joseph and others. Ext.R3(e) :- Copy of the mahazar at the time of taking over possession of the property. //True Copy// P.A. to Judge ANTONY DOMINIC, J. ----------------------------------------- W.P(C) NO.21264 OF 2010 --------------------------------------------------------- Dated this the 30th day of November, 2010 JUDGMENT Petitioner states that property having an extent of 94.5 cents situated in Resurvey No.55/1 of Anangandi Village was brought for sale in revenue recovery proceedings and that he, being the highest bidder in the auction, the property was settled in his favour. Ext.P1 is the sale deed executed by the K.F.C in his favour. According to the petitioner, he submitted Ext.P2 application to the respondents 1 and 2 for effecting mutation in his favour. It is stated that orders were not passed despite representations. It is, with this grievance this writ petition is filed. 2. In the counter affidavit filed on behalf of the 1st respondent it is stated that there are several attachments of the property and that there is revenue recovery proceedings also pending. It is also stated that the petitioner did not submit any valid application. W.P(C) NO.21264 OF 2010 2 3. As far as the attachments and the RR proceedings on the properties are concerned, the learned counsel for the petitioner prayed judgment of this court in Thulasibhai v. State of Kerala 2010 (4) KLT 215 to contend that the pendency of even a revenue recovery proceedings cannot be a reason to decline mutation. 4. As already seen, the stand taken by the respondents is pendency of the attachments and the revenue recovery proceedings. There is no dispute that transfer registry is effected only for fiscal parties and that even if mutation is effected, that can have no impact either the attachments or recovery proceedings that are already issued. Therefore, if mutation is effected in favour of the petitioner, that cannot be in prejudice to attachments or recovery proceedings, that are pending against the property concerned. Therefore, the reason stated cannot be sustained. 5. However, petitioner has not been able to W.P(C) NO.21264 OF 2010 3 substantiate that Ext.P2 application was received by the respondents. Having regard to the contention raised in the counter affidavit that a valid application has not been made by the petitioner, I direct him to make a fresh application for getting the property mentioned in Ext.P1 mutated in which event order shall be passed in the light of the above finding. This writ petition is disposed of as above. ANTONY DOMINIC, JUDGE dmb