IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 WP(C).No. 8506 of 2008(K) ------------------------- PETITIONER: ------------ 1. MERCY THOMAS, W/O.LATE K.V.THOMAS KALALYIL OLIMPARAMBIL, KAKKAD KARA CHEMMANAD VILLAGE NOW RESIDING AT 3962 HIGH STREET, ENGENE, OREGON, 97402, U.S.A. 2. CHRISTINA RAICHEL THOMAS D/O.LATE K.V. THOMAS, -DO- 3. JOYCE REBECCA THOMAS D/O.LATE K.V.THOMAS, -DO- 4. JENICA REBECCA THOMAS D/O.LATE K.V. THOMAS, -DO- BY ADV. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS SRI.HARISH ABRAHAM RESPONDENTS: ------------- 1. THE SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. THE TAHSILDAR, TALUK OFFICE KUNNATHUNAD, PERUMBAVOOR, ERNAKULAM DISTRICT. 3. THE VILLAGE OFFICER, VILLAGE OFFICE THIRUVANIYOOR, ERNAKULAM DISTRICT. BY GOVT.PLEADER I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ----------------------------------------------------------------- W.P.(C).NO.8506/2008 ----------------------------------------------------------------- Dated this the 24th day of March, 2008 JUDGMENT The prayer in this writ petition is to direct the respondents to effect mutation of the property having an extent of 67.20 ares in survey No. 979/1C(Re-sy.No.74/3 in Block No.40) of Thiryvaniyoor Village and covered by settlement deed No.4025/80 of Puthenkurissu Sub Registry. The petitioner submits that the land in question originally belonged to her husband who died intestate on 18.11.1999 and Ext.P1 is the Settlement Deed. Subsequent to the expiry of the late K.V. Thomas, an application was made on behalf of the petitioners who are the wife and children of the deceased for effecting mutation of the property into their name and for accepting the tax payable in respect of the property. As the requests made were not acted upon by the respondent, this writ petition has been filed. 2 2. The learned Government Pleader has got instruction, which would suggest that there is some civil dispute between the petitioners on the one side and the relatives on the other. However, the facts remains that the property is in the name of the deceased who is the husband of the first petitioner and the father of petitioners 2,3 and 4. If that be so, when an application is made on their behalf, if the application is otherwise proper in all respects, the civil dispute which is now referred to by the Government Pleader cannot stand in the way of considering the application made by the petitioner. In view of the above, I dispose of this writ petition directing that the 3rd respondent before whom the matter is pending shall, on production of a copy of this judgment, hand over the file to the 2nd respondent. The second respondent on receipt of the file as above, shall consider the application with notice to the power of attorney holder of the petitioners and pass appropriate orders on the application made on behalf of the petitioners for effecting 3 mutation and accepting the tax for the property referred to above. This shall be done at any rate within six weeks from the date of receipt of files as above by the second respondent. If anybody else has so far filed any objection before the 3rd respondent while finalising the matter as above, the second respondent shall give notice to them also. ANTONY DOMINIC JUDGE vi. 4