IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WP(C).No. 1659 of 2009(V) -------------------------------------- PETITIONER: --------------------- K.A.FATHIMA, D/O. ALAVIKUTTY, RESIDING AT VYSHNAVAM FLAT, FLAT NO. 7A KEERTHI NAGAR, ELAMKULAM, KOCHI-26. BY ADV. SRI.T.I.DANIEL RESPONDENTS : ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. THE TAHSILDAR, TALUK OFFICE, NILAMBUR. 3. THE VILLAGE OFFICER NILAMBUR VILLAGE, NILAMBUR. SRI. M.A. ASIF, GOVERNMENT PLEADER FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 1659/ 2009 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: A PHOTO COPY OF THE DOCUMENT NO.5294/07 OF the SRO, NILAMBUR DATED 16/11/2007. EXHIBIT P2: A PHOTO COPY OF THE TAX RECEIPT FOR THE PERIOD 2007-2008 OF THE PETITIONER'S PROPERTY DATED 15/06/2007. EXHIBIT P3: A PHOTO COPY OF POSSESSION CERTIFICATE DATED 10/7/2007 OF THE PETITIONER'S PROPERTY. EXHIBIT P4: A PHOTO COPY OF the ENCUMBRANCE CERTIFICATE DATD 1/7/2007 OF the PETITIONER'S PROPERTY. EXHIBIT P5: A PHOTO COPY OF THE RECEIPT DATED 7/3/2008 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P6: A PHOTO COPY OF THE LAWYER NOTICE DATED 24/10/2008 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT. EXHIBIT P7: A PHOTOCOPY OF THE REPLY NOICE SENT BY THE 3RD RESPONDENT TO THE COUNSEL FOR THE PEITIONER DATED 6/11/2008. EXHIBIT P8: A PHOTO COPY OF THE PLAINT DATED 28/1/2008 O.S. NO. 36/2008 BEFORE THE MUNISFF'S COURT, MANJERI AGAINST THE PRESIDENT AND SECRETARY OF THE SAID ASSOCIATION. EXHIBIT P9: A PHOTO COPY OF THE INJUNCTION PETITOIN I. A.NO.300/08 IN OS NO.36/08. EXHIBIT P10: A PHOTO COPY OF THE INJUNCTION ORDER DATED 8TH JANUARY, 2008 IN I.A NO.300/2008 IN OS NO.36/08. EXHIBIT P11: A PHOTO COPY OF THE SAID COMMISSION REPORT and SKETCH OF the PETITIOENRS PROPERTY. EXHIBIT P12: A PHOTO COPY OF THE ORDER DATED 5/6/2008 PASSED BY THE MUNSIFF'S COURT, MANJERI IN EP NO.4/08 IN OS NO.214/76. /TRUE COPY/ P.A. TO JUDGE scm ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 1659 of 2009 ------------------------------------ Dated this the 23rd day of March, 2009 JUDGMENT Petitioner’s grievance is mainly about the non-acceptance of tax and the refusal of the respondents to issue Possession Certificate in respect of their property. 2. Petitioner claims ownership over 1 Acre and 8 cents of land situated in Resurvey No.560/2C, IA2 and new Sy.No.169/2, in Block No. 93 of Nilambur Village. According to the petitioner, the land was mutated in the name of their predecessor and Possession Certificate was also issued in the past. On her purchasing the property, the petitioner says that She sought mutation of the land in to her name, also for acceptance of tax. However that was declined. Finally a notice was issued and that was also replied by the Village Officer by Exhibit P7. It is in these circumstances, this writ petition has been filed. 3. The stand taken in Exhibit P7 reply of the Village W.P.(C) No. 1659/2009 2 Officer is that the petitioner is not in possession of the land as claimed by her. 4. A reading of Exhibit P7 and pleadings in this writ petition shows that the grievance of the petitioner is mainly regarding the non acceptance of tax after effecting mutation in her name. 5. Learned Government pleader however submits that the petitioner has not made any application for mutation. Transfer of Registry Rules framed by the respondents require that for effecting mutation in the name of a person, an application should be made in the prescribed manner. Pleadings in this case does not show that such an application was made and only if such an application is made, the respondents can be asked to consider the same and pass orders. 6. Taking into account the fact that such an application under the Transfer of Registry Rules is not proved to have been made, it is clarified that it will be open to the petitioner to apply for mutation in her favour, in which case, the second respondent shall consider the same and pass orders. Depending upon the W.P.(C) No. 1659/2009 3 order so passed, the second respondent shall also consider the grievance of the petitioner regarding the acceptance of tax in respect of property covered by Exhibit P1 title deed. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE scm