IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 15116 of 2009(H) -------------------------- PETITIONER(S): --------------- SAJEEV JOHN, AGED 50 YEARS, S/O.C.S.JOHN, OVAL HOUSE, THYKKOODAM KARA, POONITHURA VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENT(S): --------------- 1. STATE OF KERALA REP. BY SECRETARY (REVENUE) GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, (IDUKKI), PAINAVU P.O., IDUKKI DISTRICT. 3. THE SUB COLLECTOR, DEVIKULAM, IDUKKI DISTRICT. 4. THE TAHSILDAR, DEVIKULAM, IDUKKI DISTRICT. 5. MANI, S/O.RAGHAVAN, VALLOMKUNNEL HOUSE, DEVIKULAM ESTATE, DEVIKULAM, IDUKKI DISTRICT. 6. SALY GEORGE, AGED 47 YEARS, W/O.GEORGE, VALETH HOUSE, MUNNAR, K.D.H.VILLAGE, DEVIKULAM, IDUKKI DISTRICT. BY GP SRI.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).15116/2009 -------------------- Dated this the 2nd day of June, 2009 JUDGMENT Petitioner purchased 5 cents of land under Ext.P1 sale deed from the 6th respondent. He has sought for a mutation of the property on the strength of Ext.P1 and the same has not been effected so far. 2. It is stated that the father of the petitioner had purchased the same from the 5th respondent as per Ext.P2 sale deed. The prior documents of title, in so far as Ext.P2 is concerned, are marked as Exts.P3 and P4. The property originally belonged to one Narayana Pillai and he sold the same under Ext.P1 to Rev.Fr.Jose Simon. Narayana Pillai obtained his title under Ext.P6 patta issued under the Land Assignment Rules and on assignment of land in favour of the 6th respondent, mutation was effected in his name and property tax was also W.P.(C).15116/2009 2 paid, it is contended. Since there was delay in mutation being effected, Ext.P10 has been moved before the Sub Collector. Since no action has been taken, writ petition has been filed. 3. Learned Government Pleader, on instructions, submits that an enquiry is going on with regard to other transactions which had taken place in Munnar area and it is only on completion of such enquiry or at least only if there are sufficient materials to indicate that there is no defect in the title of the petitioner or for that matter of respondents 5 and 6 that mutation can be effected. 4. If there is any objection to the petitioner's request on the strength of Ext.P1 being accepted, same shall be communicated to him as a reply to Ext.P10, within two months from the date of receipt of a copy of this judgment. This the third respondent shall do. If there is no defect as such, W.P.(C).15116/2009 3 3rd respondent shall call upon the 4th respondent to see that mutation is effected in the name of the petitioner. Writ petition is disposed of as above. V.GIRI, Judge mrcs