IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 WP(C).No. 8451 of 2009(B) ------------------------- PETITIONER(S): --------------- K.RAVI, AGED 39 YEARS, S/O. LATE. SRI ARAVINDAKSHA MENON,KAROLLIL HOUSE, THAMMANAM.P.O.,682032. PONNURUNNI DESOM, POONITHURA VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. ADDRESS FOR SERVICE:M/S.ASSOCIATED CHAMBERS, LAWYERS&CONSULTANTS,2ND FLOOR,PDR BY ADV. SRI.ANIL XAVIER SRI.M.RISHIKESH SHENOY SMT.K.INDU (POURNAMI) SMT.SIKHA G.NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR,ERNAKULAM DIST. 3. THE TAHSILDAR,TALUK OFFICE, KANNAYANNUR TALUK, ERNAKULAM DISTRICT. 4. THE TAHSILDAR(REVENUE RECOVERY), TALUK OFFICE, KANNAYANNUR TALUK, ERNAKULAM DIST. 5. THE VILLAGE OFFICER, VILLAGE OFFICE,POONITHURA VILLAGE,VYTTILA, KANAYANNUR TALUK, ERNAKULAM DIST. GOVERNMENT PLEADER SRI.T.K.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.8451/09 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PARTITION DEED. P2 COPY OF THE APPLICATION DT 4-12-08. P3 COPY OF THE LETTER DT 31-12-2008 BY R5. P4 COPY OF THE CERTIFICATE OF ENCUMBRANCE DT 16-2-09. P5 COPY OF THE JUDGMENT DT 26-8-06 IN OS.900/05 OF THE MUNSIFF COURT, ERNAKULAM. // True Copy // P.A. To Judge ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 8451 of 2009 B ``````````````````````````````````````````````````````` Dated this the 26th day of October, 2010 J U D G M E N T By virtue of Ext.P1 partition deed, petitioner claims ownership over 2.88 Ares of land comprised in Survey No.208/4 of Poonithura village. In respect of the property, petitioner made an application for mutation to the fifth respondent. According to the respondents, revenue recovery proceedings were pending against the petitioner's brother and that as the petitioner's brother had also an interest over the property in respect of the petitioner claims ownership, the mutation sought for by the petitioner was not allowed. It is in these circumstances, writ petition is filed. 2. From the pleadings, it would appear that even as on date, orders have not been passed by the fifth respondent on the application made by the petitioner under the Transfer of Registry Rules. If orders are passed and if the petitioner is aggrieved, petitioner can pursue the legal remedies that are W.P.(C) No.8451/2009 : 2 : available. In that view of the matter, without expressing anything on the merits of the application made by the petitioner or the contentions raised by the respondents, this writ petition is disposed of, directing the fifth respondent to pass orders on the application made by the petitioner under the provisions of the Transfer of Registry Rules, seeking mutation of the property having an extent of 2.88 Ares situated in Survey No.208/4 of Poonithura village. Such orders shall be passed, as expeditiously as possible, at any rate, within four weeks from the date of production of a copy of this judgment. (ANTONY DOMINIC, JUDGE) aks