IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 WP(C).No. 33034 of 2008(S) ------------------------------------- PETITIONER: ------------------- V.BALARAM, COUNCILLOR, VARKALA MUNICIPALITY, VARKALA P.O. PIN:695141 THIRUVANANTHAPURAM DIST. BY ADV. SRI.R.ANILKUMAR SRI.P.BANI RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP. BY SECRETARY, REVENUE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, COLLECTORATE, VANCHIYOOR, THIRUVANANTHAPURAM. 3. REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM. 4. TAHSILDAR, CHIRAYINKEEZHU TALUK, ATTINGAL .P.O. BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.33034 OF 2008-S APPENDIX PETITIOINER'S EXHIBITS: EXT.P1 TRUE PHOTOCOPY OF THE PATTA NO.13064 ISSUED TO ONE MR.K.G.VASUDEVAN ASSIGNING 20 CENTS OF PROPERTY IN SY.NO.3313 OF VARKALA VILLAGE EXT.P2 TRUE PHOTOCOPY OF THE REPRESENTATION FORWARDED TO THE 1ST AND 2ND RESPONDENT DATED 14TH JULY, 2008 / TRUE COPY / S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.P.(C) No.33034 of 2008 ------------------------------------------ Dated, this the 16th day of July, 2009 JUDGMENT Kurian Joseph, J. This writ petition is filed in public interest with the following prayer: “(a) to issue a writ of mandamus or other appropriate writ direction to the 2nd and 3rd respondents to initiate appropriate steps to effect mutation in the property assigned as per Patta for which the restriction in alienation is over in Kannambra, in Kalkulam at Varkala Village holding that there is no legal bar in either alienating the properties or effecting mutation to the properties assigned as early as on 1970.” 2. The 4th respondent has filed a counter affidavit wherein it is stated that the application for mutation supported by necessary documents will be considered on merits and if there is delay it will be open to the concerned person to point W.P.(C) No.33034 of 2008 2 out the same before the Tahsildar or the Revenue Divisional Officer. Learned counsel appearing for the petitioner submits that many applications are still pending consideration and details of the same are stated in the additional affidavit dated 23rd June, 2009. 3. This writ petition is disposed of directing the 4th respondent to take appropriate action in the cases of those applicants pointed out in the additional affidavit and others, if any pending, in accordance with law within a period of three months from the date of production of a copy of this judgment. If any application cannot be considered, the same shall be duly intimated to the applicant concerned within the said time. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns