IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 WP(C).No. 34446 of 2008(A) -------------------------- PETITIONER(S): --------------- E.MOHAMMED THAHA, CHAIRMAN, P.A. AZEEZ TRUST, P.A. AZEEZ COMPLEX, VADAKKEVILA, PALLIMUKKU, KOLLAM. BY ADV. SRI.R.KRISHNA RAJ RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. TAHSILDAR, NEDUMANGADU. 3. VILLAGE OFFICER, KOLIYAKKODE. ADDL.R4 4. SALIM .M. KABIR, 7.D, HEERA HEAVEN, ULLOOR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. (Impleaded in I.A.15120/2008 as per order dated 1.12.2008) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).34446/2008 -------------------- Dated this the 1st day of December, 2008 JUDGMENT Petitioner, who is the Chairman of a Trust, purchased an extent of 346.65 Ares of property under Exts.P1 to P3 sale deeds. His grievance is the apparent delay on the part of the third respondent to consider the application for effecting mutation in the name of the purchaser at the behest of the additional fourth respondent, who, it seems, had earlier entered into an agreement with the vendor of the petitioner. It seems that there is a Suit filed by the additional fourth respondent in relation to this matter now pending before the Munsiff Court, Nedumangadu, as O.S.547/2008. 2. If the sale deed has been executed by the owner of the property, then there is no reason why mutation should not be effected, unless there is an order of restraint by the competent Civil Court. 3. In the result, if the petitioner produces a W.P.(C).34446/2008 2 registered copy of the sale deed before the third respondent along with the copy of the application for effecting mutation and a copy of the writ petition, within two weeks from today, needful shall be done within three weeks thereafter. Third respondent shall issue notice to the additional fourth respondent also before taking a decision on the application for effecting mutation. Writ petition is disposed of as above. V.GIRI, Judge mrcs