IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 25TH APRIL 2008 / 5TH VAISAKHA 1930 WP(C).No. 13520 of 2008(H) -------------------------- PETITIONERS: ---------------- 1. HARA ONE A., D/O.M.A.RASHEED, T.C.8/780, ULLOOR PANCHAYATH, UPIV/655, CHERUVACKAL VILLAGE, THIRUVANANTHAPURAM. 2. HARA TWO, S/O.M.A.RASHEED, T.C.8/780, ULLOOR PANCHAYATH, UPIV/655, CHERUVACKAL VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU RESPONDENTS: ------------------ 1. THE VILLAGE OFFICER, KUZHUVILLOM, KOONTHALLOOR, TRIVANDRUM. 2. THE ADDITIONAL TAHSILDAR, CHIRAYINKEEZHU TRIVANDRUM. 3. THE DISTRICT COLLECTOR, COLLECTORATE, TRIVANDRUM. BY GOVERNMENT PLEADER SMT. SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No. 13520 OF 2008 ---------------------------------------- Dated this the 25th day of April, 2008 JUDGMENT The petitioners challenge Ext.P9 order of the 2nd respondent cancelling the order of mutation in favour of the petitioners in respect of certain lands as also Ext.P10 order by which the 1st respondent Village Officer refused to accept tax in respect of the property. The petitioners submit that there is no provision in the Transfer of Registry Rules for cancellation of mutation already effected and there is also no provision for filing any appeal against Ext.P9 order. 2. I am of opinion that the power to grant mutation carries with it the power for cancellation of the same also, going by the provisions of the General Clauses Act. Since under Clause 18 of the Registry Rules an appeal against the order passed by the Tahsildar lies with the Revenue Divisional Officer, I am of opinion that the petitioners should exhaust that remedy first. Accordingly, the writ petition is disposed of with the following directions. W.P.(c)No.13520/08 2 The petitioners may file an appeal against Ext.P9 before the concerned Revenue Divisional Officer. The Revenue Divisional Officer shall consider the same and pass appropriate orders, in accordance with law, within two months from the date of receipt of the appeal. The appeal shall be filed within two weeks. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.13520/08 3