IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WP(C).No. 6592 of 2010(Y) ------------------------- PETITIONER: --------------- SHAJI,S/O.JACOB,AGED 44 YEARS, RESIDING AT PAREPPARAMBIL HOUSE,PALLURUTHY, EDAKOCHI VILLAGE,KOCHI TALUK,ERNAKULAM DISTRICT. BY ADV. SRI.T.MADHU SRI.K.V.BINOD RESPONDENT(S): --------------- 1. THE TAHSILDAR,CHERTHALA TALUK, ALAPPUZHA DISTRICT. 2. THE VILLAGE OFFICER,THURAVUR SOUTH VILLAGE,ALAPPUZHA DISTRICT. 3. PRASAD,S/O.VASU,AGD 51 YEARS,RESIDING AT MALLIKATHAAR HOUSE,THURAVUR, THIRUMALABAGOM.P.O,ALAPPUZHA DISTRICT. BY GOVT.PLEADER SHRI P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No.6592 OF 2010 ----------------------------------------------------- DATED THIS THE 16th DAY OF MARCH, 2010 J U D G M E N T The main prayer in the Writ Petition is for a direction to the 2nd respondent to effect mutation of the property involved in Exhibit P1 sale deed in the name of the petitioner, pursuant to an application dated 24.7.2009 bearing No.3566/09, within a time frame. 2. The 3rd respondent was the original owner who, as per Exhibit P1 sale deed conveyed the property to the petitioner. There was an attachment in force from the Family Court, Alappuzha as per order on C.M.P.Nos.619/05 and 545/05. Another order of attachment was also in force issued by the Judicial First Class Magistrate's Court, Cherthala as per order on C.M.P.No.1617/2002 and C.M.P.No.6434/2002. It appears that the said orders for attachment were obtained by the wife and children of the 3rd respondent to enforce a claim for payment of maintenance. It is pointed out that the issue between the 3rd respondent and his wife was settled as per Exhibit P2 settlement. W.P.(C)No.6592/10 -2- 3. Exhibit P3 is the consequent award passed by the Lok Adalat in O.S.No.89/95 of the Sub Court, Cherthala. 4. It is also pointed out in the Writ Petition that pursuant to the settlement, the claimants in the cases on the file of the Family Court, Alappuzha have filed a petition to recall the distress warrant and lift the attachment as Crl.M.P.No.177/09. The same has been allowed by the Family Court and Exhibit P4 is the communication relied on in support of the above plea. Exhibit P5 is a petition filed by the 3rd respondent before the Judicial First Class Magistrate's Court, Cherthala to lift the attachment. Failing to get any positive action in the application for mutation, this Writ Petition has been filed. 5. The learned Government Pleader on instructions submitted that if the petitioner produces the orders lifting the attachment from the criminal court, and since there is already an application to lift the attachment as evidenced by Exhibit P5, appropriate action will be taken to effect mutation. Therefore, if the petitioner produces a certified copy of the order lifting the attachment from the Judicial First Class Magistrate's Court-I, W.P.(C)No.6592/10 -3- Cherthala and if there is no legal impediment, the mutation sought for can be effected by respondents 1 and 2. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE dsn