IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 WP(C).No. 30733 of 2009(J) -------------------------- PETITIONER: --------------- L.OMANA, AGED 63, W/O.LATE VAMADEVAN, MANJAMPRA VEEDU, PATHIRAPPALLI, THIRUVANANTHAPURAM. BY ADV. SRI.VINOD J.DEV SRI.PRAMOD J.DEV RESPONDENT(S): --------------- 1. THE VILLAGE OFFICER, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM. 2. SURESH KUMAR, S/O.LATE VAMADEVAN, MANJAMPARA VEEDU, PATHIRAPPALLI, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM. 3. THARA, D/O.VIJAYAKUMAR, KAROTHU VEEDU, KOTTAMUGHAL, PULIYAPPALLYAKKARA, MANNANTHALA, ULLOOR VILLAGE, THIRUVANANTHAPURAM. BY GOVT.PLEADER SHRI M.A.ASIF FOR R1 ADV. SRI.M.R.SUDHEENDRAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.30733/09 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF SETTLEMENT DEED DATED 16.4.1990. EXT.P2: TRUE COPY OF GIFT DEED NO.303/07 DATED 20.1.07. EXT.P3: TRUE COPY OF REPRESENTATION DATED 22.9.08 SUBMITTED BY THE PETITIONER BEFORE THE POLICE. EXT.P4: TRUE COPY OF APPLICATION DATED 16.9.09 FOR TRANSFER OF REGISTRY. TRUE COPY T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.30733 OF 2009 --------------------------------------- Dated this the 9th day of April, 2010. J U D G M E N T The petitioner herein seeks for a direction to the 1st respondent to effect mutation in the name of the petitioner without any delay as sought for in Exhibit P4 application. 2. The petitioner is the owner and in possession of 6½ cents of land with a building in Kudappanakkunnu village. The property was initially transferred in the name of the 2nd respondent, who is her son, as per Exhibit P1 document. Later on it was reconveyed to the petitioner as per Exhibit P2 document. 3. It is pointed out that after the execution of Exhibit P2, the 3rd respondent started to initiate legal proceedings against the 2nd respondent one after another. She claims to be his wife. The 3rd respondent has also started disturbing the peaceful life of the petitioner by trying to evict her forcefully from her own building. Exhibit P3 is the copy of the representation submitted W.P.(C) No.30733/2009 2 before the Police in that regard. 4. The whole matter regarding the claim for mutation will have to be considered by the 1st respondent as sought for by the petitioner in Exhibit P4. Therefore, there will be a direction to the 1st respondent to take a decision on Exhibit P4, after notice to the petitioner and respondents 2 and 3, within a period of two months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment along with copy of the writ petition before the 1st respondent for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp