IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 WP(C).No. 36939 of 2008(V) -------------------------- PETITIONER(S): --------------- KADUTHURUTHY REGIONAL SERVICE CO-OP BANK LTD.NO.4061, KADUTHURUTHY, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): --------------- 1. THE VILLAGE OFFICER, KADUTHURUTHY. 2. THE TAHSILDAR, TALUK OFFICE, VAIKOM. 3. THE REVENUE DIVISIONAL OFFICER, PALAI. 4. MARYKUTTY KURIAKOSE, PUTHENPURACKAL HOUSE, K.S.PURAM, KADUTHURUTHY. 5. BOBAN ALEX, MANIMALATHARA, CHATHURTHIA KARA, PUNIMKUNNU, KUTTANAD, ALLEPPEY. R1 TO R3 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.36939 OF 2008 ------------------------------------------- Dated this the 16th day of December, 2008 JUDGMENT Learned Government Pleader appears for respondents 1 to 3. Notice to the respondents 4 and 5 dispensed with, preserving their right to move for review of this judgment, if aggrieved. The 4th respondent allegedly created a mortgage in favour of the petitioner. Later, on default and confirmation of the conveyance, the petitioner moved for mutation and for paying tax in its own name. But the first respondent Village Officer has returned that request on the premise that the property is transferred as per revenue records to the 5th respondent. The situation in hand essentially calls for appropriate consideration of complaint and having an adjudication in terms of the Transfer of Registry Rules. This is the obligation of the second respondent. This can be carried out only by the first respondent forwarding the file to the second respondent. Let this be done and the second respondent shall do the needful after hearing WPC.36939/08 Page numbers necessary parties and take a final decision in accordance with law, within a period of four months from the date of receipt of a copy of this judgment. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.