IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 20149 of 2008(W) --------------------------------------- PETITIONER(S): ---------------------- NANDAN UNNI, AGED 49 YEARS, S/O.THANKAM APPISSI, PADMALAYAM, EDAPALAM P.O, NADUVATTOM, PALAKKAD DISTRICT. BY ADV. MR.SANTHEEP ANKARATH SMT.P.S.SHEEJA RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. OTTAPALAM TALUK TAHSILDAR, TALUK OFFICE, OTTAPALAM. 3. VILLAGE OFFICER, VILAYOOR VILLAGE OFFICE, VILAYOOOR, OTTAPALAM TALUK, PALAKKAD DISTRICT. 4. UNNIKRISHNAN, S/O.THANKAM APPISSI, CHERUVAZHCHERI KIZHUVAPPAT CHELAKKATTIL HOUSE, VILAYOOR, OTTAPALAM TALUK. R1 TO R3 BY GOVERNMENT PLEADER SMT.N. SUDHA DEVI R4 BY ADV. MR.S.RADHAKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 20149/2008-W APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE POSSESSION CERTIFICATE CONCERNING THE PROPERTIES IN SY.NO.197/9B AND 196 OF VILAYOOOR VILLAG DATED 25/07/2006. EXT.P2: COPY OF THE BASIC TAX RECEIPT DATED 25/07/2006. EXT.P3: COPY OF THE PLAINT DATED 23/08/2006 IN O.S.NO.98 OF 2006 ON THE FILE OF THE MUNSIFF MAGISTRATE COURT, PATTAMBI. EXT.P4: COPY OF THE PETITION DATED 05/10/2006 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 3RD RESPONDENT. EXT.P5: COPY OF THE REPORT DATED 29/12/2007 OF THE 3RD RESPONDENT. EXT.P6: COPY OF THE NOTICE DATED 23/01/2008 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER AND THE 4TH RESPONDENT. EXT.P7: COPY OF THE ORDER DATED 16/06/2008 AND SIGNED BY THE 2ND RESPONDENT DATED 23/05/2008. RESPONDENT'S EXHIBITS & ANNEXURE: EXT.R4(a): COPY OF THE PARTITION DEED DATED 01/12/1976. ANNEXURE R2 (a): COPY OF THE SKETCH PREPARED BY THE 3RD RESPONDENT. //TRUE COPY// P.S. TO JUDGE Rs/ V.GIRI ---------------------------------------- W.P.(C)No.20149 of 2008 ----------------------------------------- Dated this the 7th day of April, 2009. JUDGMENT The petitioner challenges Ext.P7 order passed by the Tahsildar declining to order mutation of the property until the pending civil suit is decided. 2. I do not propose to consider the correctness of Ext.P7, since the learned Government Pleader submits that the same is appealable before the Revenue Divisional Officer under Rule 11 of the Transfer of Registry Rules. 3. Accordingly, if the petitioner files an appeal before the Revenue Divisional Officer within one month from today, the same shall be entertained and disposed of by the appellate authority, the Revenue Divisional Officer, after notice to the petitioner, the 4th respondent and any other affected person. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/- //true copy//