IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 WA.No. 1784 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.27404/2011 Dated 18/10/2011 .................... APPELLANT(S): --------------------- 1. K.K.NABEEZA, KUTTOMKULATHIL HOUSE, ADIVADE, PALLARIMANGALAM P.O., POTHANIKADU VILLAGE. 2. K.K.JAMEELA, KAINICKAL, MADATHIKKANDOM, THODUPUZHA. 3. K.K.SALMATH, KIZHAKKEPUTHENPURAYIL, CHERUVATTOOR P.O., KOTHAMANGALAM. BY ADV. SRI.T.I.ABDUL SALAM RESPONDENT(S): ---------------------- 1. VILLAGE OFFICER, VELLIYAMATTOM, THODUPUZHA -685 584. 2. TAHSILDAR, THODUPUZHA – 685 584. GOVT.PLEADER SRI.JAMES MATHEW KADAVAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MANJULA CHELLUR, Ag.C.J & P.R.RAMACHANDRA MENON, J. ---------------------------------------------- W.A.No. 1784 of 2011 ---------------------------------------------- Dated this the 23rd day of November, 2011 JUDGMENT Manjula Chellur, Ag.C.J. Appellants approached the learned Single Judge challenging Exhibit P4 dated 6.7.2011, wherein they were asked to execute the decree obtained by them in O.S.No. 61 of 2010 on the file of the Munsiff's Court, Thodupuzha. 2. It is not in dispute that the appellants filed O.S.No. 61 of 2010 against their three brothers and one sister. The suit was decreed ex parte. When the suit for declaration of title was decreed, in the absence of any appeal challenging the judgment and decree, it has reached finality and the question of executing the judgment and decree for declaration of title does not arise. As a matter of fact, once the civil court has decreed the suit of the appellants, there is no option for the revenue authorities to proceed with the matter. As it was an ex parte decree, at the most, they could issue notice to the defendants, who were placed WA.1784/11 2 ex parte and proceed with the matter. It is in such a situation, the decree of the Sub Court cannot be interfered with by the revenue authorities. Therefore, we are of the opinion, the revenue authorities had no right to issue an order like Exhibit P4, hence it deserves to be set aside. Accordingly, Exhibit P4 is quashed and the judgment of the learned Single Judge is set aside. The respondents are directed to consider the application of the appellants for change of mutation in the name of the appellants in accordance with the procedure contemplated. In the light of the above observation, the Writ Appeal is allowed. MANJULA CHELLUR, ACTING CHIEF JUSTICE P.R.RAMACHANDRA MENON, JUDGE vgs