IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 WP(C).No. 30090 of 2008(F) -------------------------- PETITIONER(S): --------------- ABIDA BEEVI, MUSALIYAR HOUSE, THALACHIRA P.O., KOTTARAKKARA, KOLLAM. BY ADV. SRI.K.KARTHIKEYA PANICKER SMT.DAYA K. PANICKER RESPONDENT(S): --------------- 1. THE TAHSILDAR, TALUK OFFICE, KOTTARAKKARA, KOLLAM. 2. THE VILLAGE OFFICER, CHAKKUVAYKAL VILLAGE OFFICE, KOTTARAKKARA, KOLLAM. SMT SMITHA SUKUMAR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C)No.30090 of 2008 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE SALE DEED NO.1922/2004 DTD.23.6.2004. EXHIBIT P2: TRUE COPY OF THE REPRESENTATION DATED 30.08.2008. /TRUE COPY/ P.A.TO JUDGE vgd S.SIRI JAGAN ----------------------------- WP(C) No.30090 of 2008 ----------------------------- Dated this the 23rd day of June, 2009 JUDGMENT The Petitioner purchased six cents of property as per sale deed dated 22.6.2004 which is Ext.P1 in this writ petition. Petitioner applied for mutation of the property in his name by Ext.P2 application. The petitioner's grievance in this writ petition is that for application is not being considered in accordance with the Transfer of Registry Rules. Therefore the petitioner seeks the following reliefs: “ a) to issue a writ in the nature of mandamus or any other writ, order or direction to the respondents to entertain the application filed by the petitioner for transfer of revenue registry and make necessary entries in the revenue registry in respect of the property covered by Ext.P1 sale deed. b) to declare that the delay from the part of the respondents to process the application filed by the petitioner for transfer or revenue registry as prescribed by the Rules is arbitrary, malafide, illegal and unconstitutional.” 2. When a party files an application for mutation, the 1st respondent has a duty to consider the same in accordance with the Transfer of Registry Rules and pass an order either way. Accordingly this writ petition is disposed of with the following directions: W.P.C.30090/2008 2 Ext.P2 addressed to the 2nd respondent Village Officer shall be forwarded by him to the 1st respondent within one week from the date of receipt of a copy of this judgment. The 1st respondent Tahsildar shall thereafter pass final orders on Ext.P2, as expeditiously as possible, at any rate, within 2 months from the date of receipt of Ext.P2 from the Village Officer. S.SIRI JAGAN JUDGE vgd