IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 11624 of 2009(W) -------------------------- PETITIONER(S): --------------- T.V.BIJU, THOPPIL HOUSE, KUREEKAD P.O THIRUVANKULAM, KOCHI - 682 305. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.P.K.NIJOY RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE TAHSILDAR, TALUK OFFICE, KANAYANNUR. 4. THE VILLAGE OFFICER, MULANTHURUTHY VILLAGE, ERNAKULAM. MS.M.R.SREELATHA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.11624 of 2009 --------------------------------- Dated, this the 7th day of April, 2009 J U D G M E N T Challenge in the writ petition is against Ext.P3, where a request made by the petitioner for mutation in terms of the provisions contained under the Transfer of Registry Rules, 1968 has been declined by the Village Officer, acting upon the orders of the District Collector. 2. The learned counsel for the petitioner rightly contends that since the Village officer has acted pursuant to the directions of the District Collector no useful purpose will be served by filing appeal/revision before the District Collector. Although the learned counsel is perfectly justified in this contention, still having regard to the facts, I am inclined to think that the petitioner should pursue his remedies before the Land Revenue Commissioner in terms of Rule 20 of the Transfer of Registry Rules, 1968. 3. Therefore, I dispose of the writ petition directing that it will be open to the petitioner to file an appropriate application before the Land Revenue Commissioner, in which case, it is directed WP(C) No.11624/2009 -2- that the Land Revenue Commissioner shall consider the same as a case coming under Rule 20 of the Rules, and pass orders thereon. The petitioner shall file the application as above, within 4 weeks from today, in which case, the Land Revenue Commissioner shall pass orders thereon as expeditiously as possible, within eight weeks thereafter. 4. The petitioner shall produce a copy of this judgment before the Land Revenue Commissioner for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg