IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 WP(C).No. 11222 of 2011(C) -------------------------- PETITIONER --------------- SOMASUNDARAN, S/O. KRISHNAN, AGED 45 YEARS, ALAKKAPARAMBIL, VIII/124, VAZHAKKULAM, ERNAKULAM DISTRICT, PIN-683 105. BY ADV. SRI.B.V.JOY SANKER RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, LAND REVENUE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN-695 001. 2. DISTRICT COLLECTOR, ERNAKULAM-682 011. 3. TAHSILDAR, TALUK OFFICE, KUNNATHUNADU, ERNAKULAM. 4. VILLAGE OFFICER, VAZHAKULAM, SOUTH KUNNATHUNADU, ERNAKULAM. 5. T.R.BABU, ROHINI, THEKKEDATH VEEDU, VAZHAKULAM, NOW RESIDING AT MR. LAXMI HOSPITAL, PERUMBAVOOR, ERNAKULAM. BY GOVERNMENT PLEADER ADV. MR. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 11222 OF 2011 ......................................................................... Dated this the 7th April , 2011 J U D G M E N T The petitioner has approached this Court with the following prayers: “i. To call for the records leading to issuance of Ext.P5 order and issue an order or direction quashing the same as arbitrary, unjust and illegal. ii. to issue a writ of mandamus directing the 4th respondent to effect mutation of the property having an extent of 4.991 cents in Re.Survey No.298/11 in Block No.24 , Vazhakulam Village, Kunnathunadu Taluk obtained by the petitioner by virtue of sale deed No.580 of 2009 dated 12.02.2009 from the 5th respondent situated in the name of the petitioner and receive land tax forthwith. iii. to issue such other orders or direction as this Hon'ble Court may deem fit to grant iv. and order cost in these proceedings.” 2. The learned Counsel for the petitioner submits that going by the materials on record and the specific pleadings raised in the writ petition, the observations of the 4th respondent in Ext. P5 are not correct or sustainable. Further, it is brought to the notice of this Court that the petitioner has filed Ext. P6, W.P.(C) No. 11222 OF 2011 2 which is pending consideration before the third respondent. 3. The learned Government Pleader appearing for the respondents 1 to 4 submits that the matter could be caused to be finalised by directing the third respondent to consider Ext.P6 and pass appropriate orders in accordance with law. 4. In view of limited nature of the relief sought for, this Court does not find it necessary to issue notice to the 5th respondent. The third respondent is directed to consider Ext.P6, untrammeled by any of the observations in Ext.P5 and arrive at a decision, with proper application of mind and with reference to the actual facts and figures. The final decision, as aforesaid, shall be passed, in accordance with law, after giving an opportunity of hearing to the petitioner and all concerned, as expeditiously as possible at any rate within six weeks. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the third respondent for further steps. P.R. RAMACHANDRA MENON, JUDGE. lk