IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 27894 of 2011(J) ---------------------------------------- PETITIONER(S): ------------------------- CHITRASENAN, S/O. KRISHNAN, AGED 62 YEARS, 'KRISHNA', SARKARA, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.M.R.RAJESH, SRI.K.M.ALEXANDER. RESPONDENT(S): ---------------------------- 1. THE TAHSILDAR, KOLLAM TALUK, OFFICE OF THE TAHSILDAR, KOLLAM-691 001. 2. THE VILLAGE OFFICER, PARIPPALLY VILLAGE, PARIPPALLY, THIRUVANANTHAPURAM DISTRICT - 695 001. 3. BHANU, S/O. RAMAN, CHARUVILA VEEDU, KADALUKANAM KUNNU, KOTTAKKERATHU CHERI, ELAMKULAM, PARIPALLY VILLAGE, KOLLAM TALUK, KOLLAM DIST-691 001. R1 & R2 BY SR. GOVERNMENT PLEADER SMT. M.J. RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.27894/2011 J APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE SALE DEED NO.3195/10/I OF SRO CHATHANOOR DATED 28/6/2010. EXHIBIT P2 A TRUE COPY OF THE TAX RECEIPT NO 0545445 DATED 10/8/2010 ISSUED BY THE VILLAGE OFFICER,PARIPPALLY. EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE NO.788/11 DATED 18/2/2011 ISSUED BY THE VILLAGE OFFICER PARIPPALLY. EXHIBIT P4 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE NO.1240/10 DATED 10/10/2010. EXHIBIT P5 TRUE COPY OF THE SALE DEED NO.2738/10 DATED 2/6/2010 OF SRO CHATHANOOR. EXHIBIT P6 TRUE COPY OF THE TAX RECEIPT NO.1925874 DATED 24/6/2010 ISSUED BY THE 2ND RESPONDENT VILLAGE OFFICER,PARIPPALLY. EXHIBIT P7 TRUE COPY OF THE THANDAPPER ACCOUNT OF THE PROPERTY PURCHASED BY THE PETITIONER IN THANDAPPER NO.3120 OF KOLLAM TALUK. EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 27/2/2010 IN OS 278/2006 OF MUNSIFF-MAGISTRATE COURT,SOUTH PARAVOOR. EXHIBIT P9 TRUE COPY OF THE PLAINT DATED 19/2/2006 IN OS 278/2006 OF MUNSIFF-MAGISTRATE COURT, SOUTH PARAVOOR. EXHIBIT P10 TRUE COPY OF THE RE-SURVEY PLAN OF R.S. NO.236 OF PARIPPALLI VILLAGE. EXHIBIT P11 TRUE COPY OF THE E.P.NO.26/2010 IN OS 278/2006 OF MUNSIFF-MAGISTRATE COURT, SOUTH PARAVOOR. EXHIBIT P12 TRUE COPY OF THE DELIVERY KAICHEET IN EP NO.26/2010 IN OS 278/2006 OF MUNSIFF-MAGISTRATE COURT, SOUTH PARAVOOR. EXHIBIT P13 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 10/10/2011. EXHIBIT P14 TRUE COPY OF THE OBJECTION OF THE PETITIONER TO THE APPLICATION FOR MUTATION FILED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT DATED 10/10/2011. EXHIBIT P15 TRUE COPY OF THE PLAINT IN OS NO.253/2011 ON THE FILE OF THE MUNSIFF-MAGISTRATE ,SOUTH PARAVOOR. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 27894 of 2011 J ``````````````````````````````````````````````````````````` Dated this the 20th day of October, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ According to the petitioner, by virtue of Exts.P1 and P5, he has acquired title over 16.70 Ares of land comprised in R.S.No.236/6 of Parippalli village. He says that, based on Ext.P8, the judgment of the Munsiff-Magistrate Court, South Paravoor in O.S.No.278/2006, to which he is not a party, the third respondent has made an application to the second respondent for mutation of the property in question. Coming to know of the same, petitioner objected to the application of the third respondent by filing Exts.P13 and P14. It is despite the objection, orders are likely to be passed on the application made by the third respondent and in these circumstances, this writ petition has been filed with the following prayer:- “Issue a writ of mandamus or any other appropriate writ, direction or order W.P.(C) No.27894/2011 : 2 : commanding the respondents not to cancel the Patta issued in favour of the petitioner or to cancel the mutation in his favour of the petitioner or to cancel the mutation in his favour pertaining to the property covered by Exts.P1 and P5 sale deeds [16.70 Ares(41.5 cents) of land comprised in R.S.No.236/6 (Old Sy.No.11675/104) of Parippalli village] before the disposal of O.S.No.253/2011 of Munsiff-Magistrate Court, South Paravoor.” 2. As at present, order on the application made by the third respondent has not been passed and, therefore, at this stage, the grievance of the petitioner will be redressed if the second respondent considers Exts.P13 and P14 also as and when the application made by the third respondent for mutation of the property mentioned above is taken for consideration. Therefore, I dispose of the writ petition, directing that when the application made by the third respondent is taken up for consideration, the second respondent will duly advert to W.P.(C) No.27894/2011 : 3 : the objections filed by the petitioner as per Exts.P13 and P14 also. It is also directed that, before orders are passed on the application as above, the petitioner will also be given an opportunity to produce further evidence, if any, to substantiate his contentions. Petitioner shall produce a copy of this judgment and a copy of the writ petition before the second respondent for compliance. Sd/- (ANTONY DOMINIC, JUDGE) aks/20/10 // True Copy // P.A. To Judge