IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 WP(C).No. 22267 of 2008(A) --------- -------------------------- PETITIONER: ------------------ MARIYAMMA JOHN, W/O.JOHN, VALLONTHARAYIL HOUSE KANNANOOR, AMBOORI VILLAGE NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.O.V.MANIPRASAD SRI.V.S.VISAKH RESPONDENTS: ---------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM. 2. THE TAHSILDAR, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM 3. VILLAGE OFFICER, AMBOORI VILLAGE NEYYATTINKARA, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER, SRI. I.V.PREMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 22267 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 20th August, 2008. J U D G M E N T The petitioner is stated to have purchased certain properties as per assignment deed no. 850/08 of the Sub Registrar's Office, Vellarada. The petitioner is stated to have filed Exts.P.1 and P2 applications for mutation of the properties in her name. The petitioner alleges that the 3rd respondent is not taking any steps on the applications, on the ground that the property is mortgaged as security for amounts due to the State Bank of Travancore. The petitioner would allege that the Branch Manager of the State Bank of Travancore, Kudappanamoodu Branch has informed the petitioner that the property in question is not mortgaged to the Bank and the Bank has no lien over the property. The petitioner therefore seeks the following reliefs: “i) Issue a writ or mandamus, order or direction directing respondents 2 and 3 to effect transfer of registry in favour of the petitioner as required in Ext. P1 and P2 without further delay. ii) issue a writ of mandamus or other appropriate writ order or direction directing the 3rd respondent to take necessary steps to effect the transfer of registry in favour of the petitioner as requested in Ext. P1 and P2.” 2. The learned Government Pleader submits that the 3rd respondent has received several complaints in respect of the mutation of the property and there is a criminal case pending against person who sold the property to the petitioner, for cheating. He also submits that as per the information received by the 3rd respondent, the property is under mortgage to the Federal Bank. 3. I am not going into these disputed questions of fact. However, I feel that the 3rd respondent has a duty to pass orders on Ext. P2 in accordance with law. Accordingly, I dispose of this writ petition with a direction to the 3rd respondent to consider and pass orders on Ext. P2 as expeditiously as possible, at any rate, within two W.P.C. No. 22267/2008. -: 2 :- weeks from the date of receipt of a copy of this judgment. The petitioner shall forward a certified copy of this judgment along with a copy of the writ petition to the 3rd respondent for compliance. S. Siri Jagan, Judge. Tds/