IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 WP(C).No. 28247 of 2011(E) ---------------------------------------- PETITIONER(S): ------------------------- 1. ANTONY, S/O.JOSEPH, AGED 51, PANTHIRUVELIL HOUSE, PONKUNNAM P.O., PIN-686506. 2. CHACKO, S/O.JOSEPH, PANTHIRUVELIL HOUSE, PONKUNNAM P.O., PIN-686 506. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DISTRICT COLLECTOR-KOTTAYAM, COLLECTORATE, CIVIL STATION P.O., KOTTAYAM-686 502. 3. ASSISTANT EXECUTIVE ENGINEER, P.W.D.(ROADS), KANJIRAPPALLY, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, P.W.D.(ROADS), KANJIRAPPALLY P.O.,KOTTAYAM DISTRICT-686 507. 4. TAHSILDAR - KANJIRAPPALLY, TALUK OFFICE, KANJIRAPPALLY P.O., KOTTAYAM-686 507. 5. VILLAGE OFFICER, CHIRAKKADAVU VILLAGE, CHIRAKKADAVU P.O., KOTTAYAM DISTRICT - PIN-686 520. R1 TO R5 BY GOVERNMENT PLEADER SRI. MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.28247/2011 E APPENDIX PETITIONER'S EXHIBITS: EXT.P1 PHOTOCOPY OF THE WILL DEED NO.111/2002 OF THE SUB REGISTRAR'S OFFICE, KANJIRAPPALLY. EXT.P2 THE DEATH CERTIFICATE DATED 7/3/2007 ISSUED FROM THE ETTUMANOOR GRAMA PANCHAYATH REGISTERING THE DEATH OF THE FATHER OF THE PETITIONERS. EXT.P3 PHOTOCOPY OF THE JUDGEMENT DATED 29/11/2003 IN OS.308/99 BEFORE THE MUNSIFFS COURT, KANJIRAPPALLY. EXT.P4 PHOTOCOPY OF THE DECREE AND THE PLAN APPENDED DATED 29/11/2003 IN OS.308/99 BEFORE THE MUNSIFF'S COURT, KANJIRAPPALLY. EXT.P5 THE TYPED COPY OF APPLICATION UNDER TRANSFER OF REGISTRY RULES DATED 25/1/2006. EXT.P6 TRUE COPY OF THE RECEIPT DATED 30/1/2006. EXT.P7 THE TYPED COPY OF THE LETTER DATED 30/3/2006 SUBMITTED BEFORE THE 3RD RESPONDENT. EXT.P8 PHOTOCOPY OF THE LEGAL OPINION DATED 17/2/2006 ISSUED BY THE GOVERNMENT ADVOCATE, KANJIRAPPALLY TO THE 3RD RESPONDENT. EXT.P9 PHOTOCOPY OF THE LEGAL OPINION DATED 20/6/2006 ISSUED BY THE ADDITIONAL GOVERNMENT PLEADER, KOTTAYAM, TO THE 3RD RESPONDENT. EXT.P10 PHOTOCOPY OF THE LEGAL OPINION DATED 2/8/2010 ISSUED BY THE ADDITIONAL GOVERNMENT PLEADER, PALA, TO THE 3RD RESPONDENT. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J ....................................................... W.P.(C).28247/2011 .............................................. Dated this the 25th day of October, 2011 JUDGMENT On the basis of Ext.P3 judgment and Ext.P4 Decree passed by the Munsiff Court, Kanjirappally in O.S.308/99, petitioners sought mutation of the property by filing Ext.P5 application which is stated to be pending before the fourth respondent. 2. Although the learned Government Pleader wanted to verify whether Exts.P3 and P4 have attained finality, the learned counsel for the petitioners asserts that against Exts.P3 and P4, no appeal has been filed so far. 3. Accepting the said submission made by the learned counsel for the petitioners, the writ petition is disposed of directing that Ext.P5 application, which is stated to be pending before the fourth respondent, shall be considered and orders thereon shall be passed as expeditiously as possible, at any rate, within eight weeks of production of a copy of this judgment along with a copy of the writ petition, provided no appeal has been filed against Exts.P3 and P4. W.P.(C).28247/11 2 Petitioners shall produce a copy of this judgment along with a copy of the writ petition before the fourth respondent for compliance. ANTONY DOMINIC, Judge mrcs