IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 WP(C).No. 20920 of 2008(M) -------------------------- PETITIONER: ---------------- REENA EDISON, W/O. EDISON, YESHU BHAVAN, VALIYATHURA, VALLAKKADAVU.P.O, THIRUVANANTHAPURAM-8. BY ADV. SRI.P.V.JAYACHANDRAN SMT.KEERTHI SOLOMON RESPONDENTS: ------------------ 1. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM. 3. THE VILLAGE OFFICER, MUTTATHURA VILLAGE OFFCE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.20920 OF 2008 ---------------------------------------- Dated this the 6th day of August, 2008 JUDGMENT The petitioner seeks mutation of the property of one cent purchased by the petitioner and her husband as per Ext.P1 sale deed. The petitioner has filed this writ petition in view of the delay in taking action on the application for mutation filed by the petitioner. I directed the Government Pleader to obtain instructions as to whether an application for mutation has been filed before the Village Officer. 2. The learned Government Pleader on instructions submits that although an application has been received by the Village Officer, no action could be taken thereon because the vendor of the property in Ext.P1 is only one of the legal heirs of the former owner, who has seven other legal heirs. 3. The learned counsel for the petitioner submits that there was an earlier partition among the legal heirs and the property in question was allotted to the vendor of the petitioner's. W.P.(c)No.20920/08 2 4. I am of opinion that all these matters can be considered by the Village Officer on the petitioner producing appropriate evidence in support of her contentions. Accordingly, the writ petition is disposed of with a direction to the 3rd respondent to consider the application for mutation submitted by the petitioner, after affording the petitioner an opportunity to produce materials to show that the property came to the petitioner legally under law. Orders in this regard shall be passed, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. The Village Officer shall issue a notice to the petitioner to produce all documents in support of her case. If the application was returned to the petitioner, the petitioner shall re-submit the application or file another application for the purpose. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.20920/08 3