IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 WP(C).No. 35263 of 2009(C) -------------------------- PETITIONER(S): --------------- RANJITH GANGADHARAN, AGED 38 YEARS, S/O. GANGADHARA WARRIER, THIRUVULLAKKAVU WARRIAM, PERUMPILLISSERY KARA, CHOVVOOR VILLAGE, CHERPU P.O., PIN-680 561, THRISSUR DISTRICT. (WORKING AT HACHERBURGER, STRASSE-29, D-509971, COLOGNE, GERMANY). BY ADV. SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENT(S): --------------- 1. THE VILLAGE OFFICER, MANARKAD VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT. 2. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. ADDL.R3 IMPLEADED THE KOTTAYAM CO-OPERATIVE URBAN BANK LTD, THIRUNAKKARA, KOTTAYAM-1 REP: BY ITS GENERAL MANAGER, K.SUBRAMONIUM, ADDL.R3 IS IMPLEADED VIDE ORDER IN I.A.NO.1674/10 DT. 11.2.2010 ADV. SRI.SURIN GEORGE IPE FOR ADDL.RES. THIS WRIT PETITION (CIVIL)HAVING EEN FINALLY HEARD ON 03/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXTS: EXT.P1:-COPY OF NON ENCUMBERANCE CERTIFICATE PURCHASED BY THE PETITIONER EXT.P2:- COPY OF SALE DEED IN RESPECT OF PROPERTY PURCHASED BY PETITIONER. EXT.P3:- COPY OF APPLICATION FORM FOR EFFECTING MUTATION FURNISHED BY THE VENDOR TO THE PETITITONER EXT.P4:- COPY OF LETTER ISSUED BY BANK TO THE VILLAGE OFFICER MADE AVAILABLE TO THE PETITIONER. RESPONDENTS EXTS: NIL /TRUE COPY/ P.A.TO JUDGE S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.35263 OF 2009 ------------------------------- Dated this the 3rd day of JUNE, 2010 J U D G M E N T The petitioner claims to be the owner of certain lands in Manarkad Village in Manarkad Panchayat. The petitioner has filed Ext.P3 application for mutation. The petitioner complains that the same is not being considered and orders passed. 2. I have heard the learned counsel appearing for the additional third respondent and the learned Government Pleader also. The additional third respondent opposes the petitioner’s prayers. According to them, the additional third respondent bank has a charge over the property and therefore, mutation cannot be allowed. 3. I am not going into the disputed questions, in so far as Ext.P3 is pending before the appropriate authority. It is for that authority to consider the matter in the first instance. The learned Government Pleader submits that Ext.P3 has to be considered by the Tahsildar, Kottayam Taluk and not the first respondent W.P.(c)No.35263/09 2 Village Officer as claimed by the petitioner. After hearing both sides, I dispose of this writ petition with the following terms. The first respondent shall place Ext.P3, if it is pending before him, before the Tahsildar, Kottayam Taluk. The Tahsildar, Kottayam Taluk shall pass appropriate orders on Ext.P3 as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner as well as the additional third respondent. S. SIRI JAGAN, JUDGE acd W.P.(c)No.35263/09 3 W.P.(c)No.35263/09 4