IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 WP(C).No. 21329 of 2008(L) ------------------------------------ PETITIONER(S): -------------------- SAILAJA.V, USHUS, KAZHAKKUTTOM, MENOMKULAM VILLAGE, KIZHAKKUBHAGOM WARD, KAZHAKKUTTOM, THIRUVANANTHAPURAM. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): --------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, VANCHIYOOR.P.O, THIRUVANANTHAPURAM-35. 2. TAHSILDAR (RR), OFFICE OF THE REENUE RECOVERY TAHSILDAR, THIRUVANANTHAPURAM-35. 3. THE VILLAGE OFFICER, VILLAGE OFFICE, KAZHAKKUTTOM, PIN-695 582. GOVERNMENT PLEADER SMT.M.R.SREELATHA FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.21329/2008 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE CERTIFICATE OF NON ENCUMBRANCE OF THE AFORESAID PROEPRTIES WAS RECEIVED FROM THE SUB REGISTRAR, KAZHAKKUTTOM, BY THE PETITIONER ON 4.2.2008. EXT.P2: TRUE COPY OF THE SALE DEED NO.2432/08 WAS DULY EXECUTED ON 2/6/2008 AND REGISTERED IN THE OFFICE OF THE SUB REGISTRAR OF KAZHAKKUTTOM, on the 4TH DAY OF JUNE, 2008. EXT.P3: TRUE COPY OF THE LETTER NO.570/08 DT 20.6.2008 OF THE 3RD RESPONDENT TO THE 2ND RESPONDENT. EXT.P4: TRUE COPY OF THE LETTER NO.M2-5601/02 DT 21.6.2008 TO THE 1ST RESPONDENT. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 21329 OF 2008 (L) ==================== Dated this the 13th day of January, 2009 J U D G M E N T The prayer in this writ petition is to quash Exts. P3 and P4 and to direct the respondents to effect mutation of the properties covered by Ext.P2 sale deed executed by the petitioner in respect of the purchasers mentioned therein. 2. Petitioner was the owner of 5 ares and 85 sq.metres of property situated in resurvey No.188/7 and 2.7 ares of property comprised in resurvey No.188/8 of Kazhakuttom Vilalge. She acquired the property by sale deed No.1249/91. Subsequently, petitioner got the property mutated in her favour also. Thereafter, petitioner executed Ext.P2 sale deed dated 2/6/08 and that has been registered in favour of the purchasers. However, when the purchasers sought mutation of the property, that has not been effected and on the other hand, the Tahsildar has issued Ext.P4 to the District collector seeking advise as to whether mutation can be effected. This is presumably for the reason that the petitioner's deceased husband is a defaulter to the Government towards abkari dues and toddy welfare fund dues. 3. In the counter affidavit although a reference has been made WPC 21329/08 :2 : about the demand notice that was pending against the petitioner for Rs.6,784/-, in para 4 of the affidavit itself, it is stated that the said amount has been fully paid. However, the 2nd respondent has stated that an enquiry needs to be conducted as to whether the property has been offered as security for any other liability that her husband has incurred. Ext.P4, which the Tahsildar (RR) issued to the District Collector itself shows that the property is free from any such encumbrances. Therefore, apart from the liability that the petitioner's husband has incurred, there is no liability as far as the petitioner is concerned. If that be so, there is no reason why the mutation sought for by the purchasers by Ext.P2 document is not effected. 4. Therefore, the writ petition is disposed of directing the respondents to effect mutation of the properties covered by Ext.P2, in favour of the purchasers of the said property. Petitioner may produce a copy of this judgment before the respondents, who shall comply with this judgment. ANTONY DOMINIC, JUDGE Rp