IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 8TH APRIL 2011 / 18TH CHAITHRA 1933 WP(C).No. 5506 of 2011(K) ------------------------------------- PETITIONERS: --------------------- 1. SUNNY PUTHENPURACKAL, AGED 46 YEARS, S/O.PODIYAN, DOOR NO.8/502/D, VAKATHANAM P.O., KOTTAYAM DISTRICT-686 538. 2. HOUSING DEVELOPMENT FINANCE CORPORATION LTD., REPRESENTED BY THE RECOVERY OFFICER (LEGAL) FOR KOTTAYAM BRANCH, NOW WORKING IN THE OFFICE OF HDFC, LEGAL SECTION, M.G.ROAD, RAVIPURAM, KOCHI. BY ADV. SRI.C.P.SAJI. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, ALAPPUZHA-688 001. 2. TAHSILDAR, TALUK OFFICE, CHENGANNUR-689 121. 3. THE VILLAGE OFFICER, MANNAR VILLAGE OFFICE, MANNAR P.O., ALAPPUZHA DISTRICT, 689 622. R1 TO R3 BY GOVERNMENT PLEADER SRI. V.T.K. MOHANAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.5506/2011-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SALE CERTIFICATE DTD. 29/10/2010 AS PER DOCUMENT NO.2196/2010 OF THE S.R.O., MANNAR. EXT.P.2: COPY OF THE SALE DEED NO.963/2004 OF THE S.R.O., MANNAR DTD.07/06/2004. EXT.P.3: COPY OF THE CERTIFICATE DTD. 29/10/2010 ISSUED BY THE P.2. TO THE P.1. EXT.P.4: COPY OF THE APPLICATION FOR MUTATION DTD. NIL. SUBMITTED BY THE P.1. TO THE R.2. EXT.P.5: COPY OF THE PROCEEDINGS OF THE R.3. DTD. 01/11/2009. EXT.P.6: COPY OF THE JUDGMENT IN W.P.(C).NO.35678/2010 DTD. 30/11/2010. EXT.P.7: COPY OF THE APPEAL DTD. 01/12/2010 FILED BY THE PETITIONERS BEFORE THE R.2. EXT.P.8: COPY OF THE ORDER OF THE R.3. DTD.07/02/2011 IN FILE NO. D1 11318/2010. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 5506 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 8th day of April , 2011 JUDGMENT The petitioners have approached this Court, seeking for issuance of a direction to the respondents to effect mutation of the property covered by Ext. P1 sale deed, in favour of the petitioners. 2. The grievance of the petitioners is that, Ext. P4 application preferred in this regard is still to be acted upon, whereby the first petitioner has been virtually prevented from satisfying the property tax and to have the property enjoyed in an effective manner. 3. Service is complete. Heard the learned Government Pleader appearing for the respondents as well. 4. The learned counsel for the petitioners submits that, the only objection stated by the respondents 2 and 3 was with reference to an attachment order passed by the Munsiff's Court, Chengannur in I.A. No. 443 of 2007 in O.S. No. 99 of 2007, in connection with a money suit. The learned counsel for the petitioners further submits that, the matter has been settled between the parties concerned and the said suit is no more in existence. That apart, the legal position stands settled in favour of the petitioners, as per the law declared by this Court in W.P. (C) No. 5506 of 2011 : 2 : Thulasibai Vs. State of Kerala (2010 (4) KLT 215), holding that, attachment by a Civil Court is not a bar for effecting mutation. 5. In the said circumstances, this Court finds that the petitioners are entitled to succeed. Accordingly the respondents 2 and 3 are directed to take necessary steps to give effect to the transfer of Registry by passing final orders on Ext. P4 application preferred by the petitioners, in accordance with law, as expeditiously as possible, at any rate within two weeks from the date of receipt of a copy of this judgment. The Writ Petition is allowed. No cost. The petitioners shall produce copy of the judgment along with copy of the writ petition before the respondents concerned for further steps. P. R. RAMACHANDRA MENON, JUDGE kmd