IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 WP(C).No. 29010 of 2008(C) --------------------------------------- PETITIONER: ------------------- TONY ANTONY, AGED 24 YEARS, S/O.ANTONY, RESIDING AT 'UDAYAGIRI', PEOPLE'S NAGAR, KADAPPAKKADA P.O., KADAPPAKKADA CHERRY, VADAKKEVILA VILLAGE, KOLLAM TALUK, KOLLAM DIST. BY ADVS. SRI.V.VENUGOPALAN NAIR, SRI.C.UNNIKRISHNAN (KOLLAM). RESPONDENTS: ------------------------ 1. THE VILLAGE OFFICER, MEENAD VILLAGE, MEENDU VILLAGE OFFICE, CHATHANNOOR P.O., KOLLAM DISTRICT. *ADDL. RESPONDENTS 2 TO 4 IMPLEADED: 2. THE TAHASILDAR, KOLLAM TALUKKU. 3. THE REVENUE DIVISIONAL OFFICER, KOLLAM. 4. THE DISTRICT SURVEY SUPERINTENDENT, KOLLAM. *ARE IMPLEADED AS ADDL. R2 TO R4 VIDE ORDER DT. 02/12/08 IN I.A. NO. 14826/2008. W.P.(C). NO.29010/2008-C: **ADDL. R5 IMPLEADED: 5. SMT. MANJU, D/O. PANKAJAKSHI, THOTTATHIL VEEDU, MEENAD, ALSO HAVING ADDRESS AT BIJU BHAVANAM, MALAYATTINKONAM, EDANAD, CHATHANNUR, KOLLAM DISTRICT. **IS IMPLEADED AS ADDL. R5 VIDE ORDER DTD. 02/12/08 IN I.A. NO. 15346/08. R1 TO R4 BY GOVT. PLEADER SMT. M.R. SREELATHA, R5 BY ADV. SRI.P.S.BIJU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.729010/2008-C: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT ON 04/06/2008 ALONG WITH THE RECEIPT ISSUED BY THE RESPONDENT SHOWING THE RECEIPT OF HIS APPLICATION FOR EFFECTING MUTATION. EXT.P.2: COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE RESPONDENT TO THE PRIOR OWNER OF THE PROPERTY WHO IS THE VENDOR OF THE PETITIONER. EXT.P.3: COPY OF THE TAX RECEIPT IN RESPECT OF THE PURCHASED PROPERTY PAID BY THE PRIOR OWNER FOR THE YEAR 2008 DT. 02/04/2008. EXT.P.4: COPY OF THE RECEIPT ISSUED BY THE RESPONDENT TOWARDS ACCEPTANCE FEE FOR EFFECTING MUTATION IN FAVOUR OF THE PETITIONER DTD. 04/06/2008. EXT.P.5: COPY OF THE ORDER PASSED BY THE ADDITIONAL TAHSILDAR DTD. 13/10/2008. EXT.P.6: COPY OF THE ORDER DTD. 10/03/2003 PASSED BY THE SUB COLLECTOR, KOLLAM. EXT.P.7: COPY OF THE JUDGMENT IN W.P.(C). NO. 19150/2007. EXT.P.8: COPY OF THE REPORT OF THE RESPONDENT SUBMITTED BEFORE THE R.D.O, KOLLAM DTD. 30/06/2007. EXT.P.9: COPY OF THE COMMUNICATION GIVEN BY THE ADDITIONAL TAHSILDAR, KOLLAM DTD. 02/09/2008 TO THE DISTRICT SURVEY SUPERINTENDENT, KOLLAM. RESPONDENTS' EXHIBITS: //TRUE COPY// P.A. TO JUDGE. prv. ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 29010 of 2008 ------------------------------------ Dated this the 15th day of January, 2009 JUDGMENT The prayer in this writ prayer is to direct the first respondent to pass orders on Exhibit P1. Exhibit P1 is an application made by the petitioner for effecting mutation of the property obtained by him from one Mrs. Santhakumari. Reply to Exhibit P1 has been given by Exhibit P5, stating that application made by the additional 5th respondent for rectification of certain alleged mistakes in the survey records are pending before the additional 4th respondent and therefore, the mutation sought for by the petitioner can be effected only after those proceedings are concluded. Learned Government Pleader also on instruction confirms that proceedings vide File No. SY 3 – 19201/03 is pending before the 4th respondent. From the above, it is obvious that on the application of the additional 5th respondent, proceeding are pending before the additional 4th respondent. In view of this, it is premature to consider the application of the petitioner for effecting mutation. In such W.P.(C) No. 29010 /2008 2 circumstances, only possible order that the petitioner can seek is to direct the additional 4th respondent to conclude the proceedings initiated at the instance of the additional 5th respondent on an expeditious basis and depending upon the order to further direct the first respondent to consider his request for effecting mutation of the property that he purchased on 15/5/2008. In view of the above, this writ petition is disposed of with the following directions; 1. The additional 4th respondent shall, with notice to the petitioner and additional 5th respondent, conclude the proceedings initiated at the instance of additional 5th respondent (File No. SY 3 - 19201/03) as expeditiously as possible at any rate within one month of production of copy of this judgment. 2. It is directed that on the basis of the order to be passed by the additional 4th respondent, it will be open to the petitioner to approach the second respondent, in which case, the second respondent shall pass consequential W.P.(C) No. 29010 /2008 3 orders on the request of the petitioner for effecting the mutation of the property that he has purchased vide sale deed executed on 15/05/2008. It is clarified that, during the course of enquiry before the additional 4th respondent, it will be open to the petitioner and additional 5th respondent to produce any documents, which they consider relevant for the enquiry. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE scm