IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 WA.No. 397 of 2008(E) ------------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.28231/2007 DATED 29/11/2007 .................... APPELLANTS/ RESPONDENT 1 TO 3: ----------------------------------------------------- 1. THE TAHSILDAR, MALLAPALLY TALUK, PATHANAMTHITTA. 2. DISTRICT COLLECTOR, PATHANAMTHITTA. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, SECRETARIAT, TRIVANDRUM. BY GOVERNMENT PLEADER SRI. M.P. SREEKRISHNAN. RESPONDENTS/ PETITIONERS: --------------------------------------------- 1. K.K.KURIAN, S/O.KURUVILA KARAKAN, KEEZHVAIPUR P.O., MALLAPPALLY WEST, PATHANAMTHITTA. 2. SOSAMMA KURIAN, W/O.KURIAN, KEEZHVAIPUR P.O., MALLAPPALLY WEST, PATHANAMTHITTA. BY ADV. SRI.SIBY MATHEW, ADV. SRI.PHILIP J.VETTICKATTU. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & P.N.Ravindran, JJ. ===================== W.A.No.397 of 2008 ===================== Dated this the 7th day of July, 2008. JUDGMENT Koshy,J. The writ petitioners have purchased an extent of 4.25 acres of land. There were civil cases. The petitioners' application for mutation of the property was rejected by Ext.P8. The learned single Judge noticed that the petitioners have got title and possession over the property as can be seen from the judgment and decree in A.S.No.29 of 2001. The appellants were the defendants/respondents in the above appeal. It is submitted that the petitioners are not in a possession of the property and a Second Appeal has been filed against the above judgment. The Second Appeal was also dismissed rejecting the contentions of the appellants. The judgment of this Court and decision given by the civil court cannot be bypassed for the very same reasons already held untenable. In view of the declaration of the title and possession by the civil court, the Tahsildar is bound to allow WA 397/08 -: 2 :- mutation. We see no ground to set aside the impugned judgment. The Writ Appeal is dismissed. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 8/7