IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 8TH JULY 2010 / 17TH ASHADHA 1932 WP(C).No. 19463 of 2010(G) -------------------------- PETITIONER(S): --------------- 1. SREEKUMAR, AGED 49 YEARS S/O.MADHAVA KURUP, SREEDHARA NIVAS, NEDUMANGAD PO, 695 541. 2. THOMAS ABRAHAM, AGED 64 YEARS S/O.M.K.ABRAHAM, MUNDUKOTTACKAL HOUSE SASTHAMANGALAM PO, 695 010. 3. SUNDARAN .K, AGED 40 YEARS S/O.KESAVAN, NENMARA PO 678 508. 4. K.P.SASIKUMAR, AGED 45 YEARS S/O.PARAMESWARAN NAIR, KIZHAKKEPAYIPPATTU PERUMBALAM PO 688 570. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.JAGAN GEORGE SRI.K.A.NOUSHAD SRI.P.G.PRAMOD SRI.RAHUL KANDAMPULLY RESPONDENT(S): --------------- THE VILLAGE OFFICER, PERUMBALAM VILLAGE ALAPPUZHA DISTRICT. GOVT. PLEADER SHRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 19463 of 2010 ================== Dated this the 8th day of July, 2010 J U D G M E N T The petitioners purchased some property by Exts.P1 and P2 sale deeds. The petitioners' grievance in this writ petition is that although they paid fee required for mutation of the property, the respondent has not taken any action on the applications for mutation. 2. The learned Government Pleader submits that the land in question was originally assigned in favour of 10 persons and they had transferred the same in violation of the conditions of assignment. There is also allegation of encroachment into kayal puramboke as the property is by the side of the Vembanad lake. Elaborate enquiries have been conducted and all authorities are satisfied about the violation. Therefore, proceedings are pending in respect of violation also. It is under the above circumstances, the petitioners' applications for mutation could not be processed, is the contention of the learned Government Pleader. He also points out that the respondent in this writ petition is not the competent person to pass orders on the applications for mutation and it is the concerned Tahsildar who has to pass orders on the same. Having heard both sides, without expressing any opinion on the merits of the rival contentions, I dispose of this writ petition with a w.p.c.19463/10 2 direction to the jurisdictional Tahsildar to consider the applications of the petitioners for mutation and pass appropriate orders thereon in accordance with law, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment, after affording an opportunity of being heard to the petitioners. I make it expressly clear that I have not considered any aspect of the matter and the Tahsildar shall consider every aspect of the matter independently, in accordance with law. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge