IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 WP(C).No. 3248 of 2010(E) ------------------------- PETITIONER(S): --------------- PASTOR SHAJI VARGHESE, AGED 49 YEARS, S/O. P.T.VARGHESE, PULLIKKULANGARA HOUSE, PURAMATTOM PP.O., PURAMATTOM VILLAGE. BY ADV. SRI.P.HARIDAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, PATHANAMTHITTA. 2. THE TAHSILDAR, THIRUVALLA. 3. THE VILLAGE OFFICER, PURAMATTOM. GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.3248 of 2010 ------------------------------------------------ Dated this the 16th day of February, 2010 JUDGMENT The petitioner, as per Ext.P1 sale deed purchased 14.47 Ares (36 cents) of property and a residential building there in Re.Survey No.152/3 of Puramattom Village. The vendors of the petitioner have purchased the said property from the prior owner Shri.M.George Abraham as per Ext.P2 Sale Deed. When the petitioner approached the Revenue Authorities for effecting mutation, it was informed that Shri.M.George Abraham, original owner of the property and executor of Ext.P2 has constructed an Apartment Complex and it was assessed as a single unit for building tax and there was Revenue Recovery Proceedings pursuant to assessment of building tax as mentioned above, and therefore mutation cannot be effected. The same was challenged by him before this Court in W.P.(C).No.26467 of 2002 and by Ext.P3 judgment there was direction to make fresh assessment. 2. The learned counsel for the petitioner submitted that as on today there is no attachment in force in the Revenue Recovery Proceedings. W.P.(C)No.3248 of 2010 2 3. The learned Government Pleader on instructions submitted that there was an attachment pursuant to the Revenue Recovery Proceedings property and therefore due enquiries on the application has to be made. After verifying all aspects action will be taken as per rules. 4. There will be a direction to the third respondent to take appropriate action for mutation of properties and to accept land tax in accordance with law within a period of two weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj