IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 W.P(C).No. 28303 of 2009(G) -------------------------- PETITIONER: --------------- MARIAMMA KOSHY, AGED 52 YEARS, W/O. KOSHY, MARRY VILLAGE, KIZHAKKEKKARA MURI, KARUNAGAPPALLY, NOW RESIDING AT EBANAZAR, V.P. II/368, GANDHINAGAR, PULIYARATHONAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.B.PRAMOD RESPONDENTS: --------------- 1. THE TAHSILDAR, KUTTANADU TALUK, 2. VILLAGE OFFICER, THALAVADI VILLAGE. GOVERNMENT PLEADER SRI.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28303 of 2009(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : Sale Certificate dtd.4/8/2008 issued to the petitioner in E.P.No.92/2006 in O.S.No.122/2004 on the file of the Sub Court, Alappuzha. EXT.P2 : Delivery kychit dtd.29/1/2009 in E.A.No.432/2009 in E.P.No.92/2006 in O.S.No.122/2004 on the file of the Sub Court, Alappuzha. EXT.P3 : Application dtd.2/4/2009 submitted by the petitioner to the 2nd respondent. EXT.P4 : Certificate of Encumbrance dtd.23/8/2007 issued from the Sub Registrar Office, Pulikunnu. RESPONDENTS' EXHIBIIT: Nil True copy P.A.to Judge T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.28303 of 2009 ------------------------------------------------ Dated this the 19th day of January, 2010 JUDGMENT The petitioner secured a decree for money in O.S.122/2004 on the file of the Sub Court, Alappuzha. Later the said decree was put to execution by filing E.P.No.92/2006 and an immovable property having an extent of 1 Acre and 34.5 cents, owned by the defendants/Judgment debtors were brought for sale and the petitioner purchase the property auctioned out. Ext.P1 is the copy of the sale certificate issued after the sale was confirmed. According to the petitioner, she was put in possession of the said property on 28/1/2009, Ext.P2 copy of the delivery kychit evidencing the same. 2. The present controversy arose after the petitioner filed an application under the Transfer of registry Rules filed for effecting mutation. It is the case of the petitioner the respondents refused to effect transfer of revenue registry in favour of the petitioner on the sole ground that the above property stands attached by the 1st respondent Tahasildar in W.P.(C)No.28303 of 2009 2 Revenue Recovery Proceedings initiated for the realization of arrears of sales tax due from the previous owners of the property who are the debtors in O.S.No.122/04. On failure to get any positive action on the part of respondents, this writ petition has been filed. 3. First respondent has filed a statement as directed by this Court. The contention taken therein is that the property claimed by the petitioner was already attached for realisation of money due to Government under Revenue Recovery. Transfer of Registry Rule 1966 Rule 7(2) (ii) is relied upon to show that the Village Officer is not in a position to issue Form A certificate for effecting the mutation. So far the attachment has not been withdrawn by the Revenue Recovery Authorities also. 4. It is clear from the statement that the application has not been finally disposed of. The learned counsel for the petitioner submitted that even going by the Transfer of Registry Rules there is no prohibition in effecting mutation. This is matter for the first respondent to consider. The first respondent will therefore pass a final order after considering impact of all the relevant Rules under the Transfer of Registry Rules. There W.P.(C)No.28303 of 2009 3 will be a direction to the first respondent to take a decision within a period of 6 week from the date of receipt of a copy of this judgment and communicate the same to the petitioner. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj