IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 WP(C).No. 32373 of 2008(D) ---------------------------------------- PETITIONER(S): ------------------------- ABDUL LATHEEF, S/O.MEERA SAHIB, PUTHEN VEEDU, KALLOOR, MANJAMALA P.O., THIRUVANANTHAPURAM. BY ADVS. SRI.V.V.ASOKAN, SMT.S.AMINA. RESPONDENT(S): --------------------------- 1. P.BHASURAN, S/O.RAGHAVA PANICKER, PROPRIETOR, SIVASAKTHY INDUSTRIES, ENIKKARA, KARAKULAM, THIRUVANANTHAPURAM. 2. VIMAL KUMAR, S/O.R.BHASURAN, KRISHNAVILASAM HOUSE, CHEKKAKONATHMURIYIL, KARAKULAM, THIRUVANANTHAPURAM. 3. STATE BANK OF TRAVANCORE, PEROORKADA BRANCH, THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGER. 4. VILLAGE OFFICER, KARAKULAM VILLAGE, KARAKULAM, THIRUVANANTHAPURAM. 5. RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL (KERALA AND LAKSHADWEEP), KSHB OFFICE COMPLEX, PANAMPILLY NAGAR,KOCHI. R3 BY ADVS. SRI.SATHISH NINAN, SRI.SANTHOSH MATHEW. R4 & R5 BY GOVERNMENT PLEADER SMT. SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.32373/2008 D APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER OF CONFIRMATION OF SALE ISSUED BY THE 5TH RESPONDENT DTD. 26/12/2007. P2: COPY OF THE CERTIFICATE OF SALE ISSUED BY THE 5TH RESPONDENT IN THE NAME OF THE PETITIONER DTD. 24/01/2008. P3: COPY OF THE LETTER ISSUED BY THE 5TH RESPONDENT TO THE SUB REGISTRAR, KARAKKULAM SUB REGISTRY DTD. 24/01/2008. P4: COPY OF THE REQUEST FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DTD. 21/02/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.32373 OF 2008 ------------------------------------------- Dated this the 5th day of April, 2010 JUDGMENT The petitioner applied for mutation in relation to a land which he states to have purchased in a sale through the Debts Recovery Tribunal (Kerala & Lakshadweep). If the sale certificate has been issued and if it is placed in accordance with law along with proper application for transfer in the registry records in terms of the Transfer of Registry Rules, the statutory authorities cannot delay consideration and decision on such application. It is pointed out that Ext.P4 has been duly made. If that be so, the competent authority will take up Ext.P4, consider the same by giving the petitioner an opportunity of hearing and issue a decision in accordance with law within a period of 45 days from today. If the decision is adverse to the interest of the petitioner, he will be at liberty to work out his remedies in terms of the Transfer of Registry Rules. All other issues are left open. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.06/04.