IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 WP(C).No. 14750 of 2009(K) -------------------------- PETITIONER(S): --------------- JACOB JOHN, ANAZHICOM BINSOO, THRIKKANNAMANGALAM, KOTTARAKKARA. BY ADV. SRI.P.K.VIJAYAMOHANAN SRI.GILBERT GEORGE CORREYA SMT.ASHA KAIMAL SRI.NISHIL.P.S. RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KOLLAM, CIVIL STATION, KOLLAM. 2. THE TAHSILDAR, KOTTARAKKARA. 3. THE VILLAGE OFFICER, VETTIKKAVALA VILLAGE, VETTIKKAVALA, KOTTARAKKARA. GOVERNMENT PLEADER FOR R2 SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ....................... W.P.(C).14750/2009 ....................... Dated this the 6th day of August, 2009 JUDGMENT Pursuant to an auction conducted by the Sub Court, Kottarakkara, in execution of the decree in O.S.144/2001, property having an extent of 20 Ares in R.S.No.144/5 of Vettikkavala village was purchased by the petitioner for an amount of Rs.3 Lakhs. Sale was confirmed by the Court on 9.2.2007 and Ext.P1 sale certificate was also issued. Property was delivered as evidenced by Ext.P2, report of the Amin and Ext.P3 Delivery Order. Petitioner contends that the sale of the property and further proceedings have become final. He therefore, filed Ext.P4 application for mutation of the property in his name and Ext.P5 representation was filed before the District Collector. No action was taken on such application. This was followed by a representation, Ext.P6, before the Tahasildar. Writ petition is filed seeking appropriate directions in relation to Exts.P4 and P6. 2. Counter affidavit has been filed by the 2nd respondent. Paragraph 3 and 4 of the same read as follows:- W.P.(C).14750/09 2 “It is submitted that the petitioner approached the 3rd respondent to effect mutation of the property obtained by the Sales Certificate in the petitioner's name. When the application for mutation is received, the 3rd respondent verified the Tandapper Account No.4737 and it is noticed that in addition to the above said attachment there are two more attachments in O.S.No.166/03 and O.S.138/2001 of Munsiff Court, Kottarakkara over the land noted in the application. In this circumstances the 3rd respondent forwarded the application to the respondent for better opinion. The petitioner also submitted an application for mutation in the Janakeeya Adalath and it is under consideration. It is the practice in the Village Office that whenever an order and attachment is received from the Court of competent jurisdiction, the Village Officer will note the attachment in the Thandaper Account and it will be cleared on production of the release order. It is only after clearing all the attachment and encumbrance on the property, the mutation will be effected in the village registers. It is submitted that in the instant case the mutation can be W.P.(C).14750/09 3 effected as soon as the order of attachment in the above said suits are lifted by the Court and production of the orders by the petitioner before the 3rd respondent. There is no other legal impediment in effecting mutation of the petitioner's property.” 3. It seems that there was prior attachment of the property by the Civil Court and if such attachment was subsisting at the time of the sale under which the petitioner purchased the property, then it is upto the petitioner to move the concerned forum with a claim petition. If the attachment is lifted then the petitioner may, within one month and pursuant to the orders to be passed by Civil Court, again move the 2nd respondent who shall subject to the orders passed by the Civil Court, take a decision on the application for mutation within one month of the petitioner approaching him in the manner aforementioned. Writ petition is disposed of as above. V.GIRI, Judge mrcs