IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 WP(C).No. 4952 of 2011(T) -------------------------------------- PETITIONER(S): ------------------------ C.J.JOSEPH, AGED 44 YEARS, S/O.JOSEPH, CHAVANALIL HOUSE, ALAKODE P.O., ARANGAM, THALIPARAMBA, KANNUR. BY ADV. SRI.C.P.SAJI RESPONDENT(S): --------------------------- 1. THE TAHSILDAR, TALUK OFFICE, THALIPARAMBA, KANNUR DISTRICT-670 141. 2. THE VILLAGE OFFICER, ALAKKODU VILLAGE OFFICE, KANNUR DISTRICT-670 141. R1 & R2 BY SR. GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.4952 OF 2011 -------------------------------- Dated this the 17th day of February 2011 JUDGMENT The petitioner is challenging Ext.P2 order passed by the first respondent, whereby the request made to effect mutation in respect of the property covered by Ext.P1 sale deed and to enable the petitioner to remit the basic tax has been turned down. 2. The learned counsel for the petitioner submits that the reason stated is that, some or other suit is pending in respect of the property, which according to the petitioner cannot be a ground at all, in so far as the title of the petitioner is concerned, which stands declared by Ext.P1. Reliance is sought to be placed on the decision rendered by this Court in “Tulasi Bai v State of Kerala” (2010(4) KLT 215). 3. Heard the learned Govt. Pleader as well. 4. Considering the facts and circumstances, this Court does not find it necessary to relegate the petitioner to avail the statutory remedy against Ext.P2; the law having been declared in “Tulasi Bai v State of Kerala” (2010(4) KLT 215). Accordingly, Ext.P2 is set aside and the first respondent is W.P.(C) No. 4952/2011 - 2 - directed to take necessary steps with regard to change in registry, effect mutation and accept the basic tax, which shall be done as expeditiously as possible at any rate within one month from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of this judgment before the first respondent for taking further steps. Writ Petition is disposed of as above. P.R.RAMACHANDRA MENON JUDGE vdv