IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 WP(C).No. 11927 of 2010(M) ---------------------------------- PETITIONER(S): --------------- NUSHIRA, W/O. HIDAYATH, HASIKA MANZIL, VADAKKUMBHAGAM, KAZHAKKUTTOM.P.O., THIRUVANANTHAPURAM. BY ADV. MR.H.HAMZA ROWTHER MR.V.K.PEERMOHAMED KHAN RESPONDENT(S): --------------- 1. THE VILLAGE OFFICER, KALLARA,THIRUVANANTHAPURAM. 2. THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM. 3. SIRAJUDHEEN, S/O. ALIYARUKUNJU, VENGODE KADAYIL PUTHEN VEEDU, ELAKAMAN.P.O.,THIRUVANANTHAPURAM. 4. SHAHIDA BEEVI, S.S.HOUSE, KALLARA, NEDUMANGADU P.O.,THIRUVANANTHAPURAM. ADVS. MRS.KAVITHA K.I FOR R4 MR.D.GANESH KUMAR FOR R4 MR. M.A. ASIF – GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 11927 of 2010 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF APPLICATION FOR MUTATION SUBMITTED BY THE PETITIONER WITH THE SANCTION OF THE SUB REGISTRAR. EXT.P2; COPY OF THE RECEIPT ISSUED FOR PAYMENT OF FEES. EXT.P3: COPY OF REQUEST SUBMITTED BY THE PETITIONER BEFORE R1. EXT.P4: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE R2 R.D.O. EXT.P5: COPY OF THE STTEMENT SUBMITTED BY R1 VILLAGE OFFICER BEFORE THE HONOURABLE LOK AYUKTA. EXT.P6: COPY OF THE JUDGMENT OF THE SUB COURT, NEDUMANGADU IN O.S.NO.77/2001. TRUE COPY PA TO JUDGE S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.11927 OF 2010 ------------------------------- Dated this the 14th day of July, 2010 J U D G M E N T The petitioner claims to be the owner of certain properties in respect of which he has submitted Exts.P1 and P3 before the Village Officer for effecting mutation. The petitioner’s grievance in this writ petition is that the same is not being considered. She submits that the alleged reason of pendency of R.F.A.No.532/2004 before this Court stated as a reason for non- consideration of the mutation cannot hold good because that appeal has nothing to do with the property in question. 2. I am not going into the questions raised by the petitioner on merits. Admittedly, the petitioner has submitted EXts.P1 and P3 in this regard. In the first instance, the question of mutation has to be considered by the jurisdictional Tahsildar. Accordingly, this writ petition is disposed of with the following directions: The first respondent shall forward Ext.P1 to the W.P.(c)No.11927/10 2 jurisdictional Tahsildar immediately. The Tahsildar shall consider and pass orders on the same in accordance with law as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. S. SIRI JAGAN, JUDGE acd W.P.(c)No.11927/10 3