IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 WP(C).No. 37245 of 2007(H) ------------------------------------- PETITIONER: ------------------- BIJU.R., AGED 34 YEARS, S/O.LATE RAMAKRISHNAN, ANAYADITHARAYIL, PULLIKKANAKKU P.O., KAYAMKULAM, REP.BY HIS POWER OF ATTORNEY HOLDER SHEEJA BIJU, W/O.BIJU, -DO- -DO- -DO-. BY ADV. SRI.P.HARIDAS RESPONDENTS: ---------------------- 1. DISTRICT COLLECTOR, ALAPPUZHA. 2. VILLAGE OFFICER, KRISHNAPURAM. 3. KERALA FINANCIAL CORPORATION, REP.BY ITS MANAGING DIRECTOR. 4. MANAGER, KERALA FINANCIAL CORPORATION, ALAPPUZHA. BY GOVERNMENT PLEADER SMT. N. SUDHA DEVI ADV. SRI. V.B. UNNIRAJ,SC FOR KFC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 37245 of 2007(H) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE SETTLEMENT DEED DATED 12.05.2000 IN FAVOUR OF PETITIONER. EXT.P2 - TRUE COPY OF THE SALE DEED DATED 4.9.1999 IN FAVOUR OF PETITIONER'S MOTHER. EXT.P3 - TRUE COPY OF THE SALE DEED DATED 22.03.1999 IN FAVOUR OF SRI. VISHWAMBHARAN EXT.P4 - TRUE COPY OF THE REPRESENTATION DATED - / 10/2007 TO 1ST RESPONDENT. /TRUE COPY/ PA TO JUDGE rhs S.SIRI JAGAN, J ================== W.P(C)No.37245 of 2007 ================== Dated this the 30th day of July, 2008. J U D G M E N T The petitioner is aggrieved by the non-consideration of the application submitted by him for mutation of his property on the ground that the property is mortgated to the Kerala Financial Corporation. The learned Standing Counsel for the Kerala Financial Corporation submits that the property has not been mortgaged to the Kerala Financial Corporation. 2. In the above circumstances, the 2nd respondent cannot take the stand that because of the mortgage in favour of the KFC mutation cannot be made in respect of the property in question. Accordingly, there would be a direction to the 2nd respondent to consider the petitioner's application for mutation and pass orders thereon, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. The writ petition is disposed of accordingly. S.SIRI JAGAN, JUDGE rhs