IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 WP(C).No. 4131 of 2010(N) --------------------------------------- PETITIONER(S): ------------------------- N.SALY, S/O.K.M.RAGHAVAN, THALIYANIL HOUSE, JUDGE MUKKE, THRIKKAKKARA, ALUVA, ERNAKULAM. BY ADVS. MR.K.R.VINOD, MR.K.V.VINOD. RESPONDENT(S): -------------------------- 1. THE VILLGE OFFICER, KAKKANAD VILLAGE OFFICE, KAKKANAD, ERNAKULAM. 2. THE THASILDAR, KANAYANNOOR TALUK OFFICE, ERNAKULAM. 3. THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT. R1 TO R3 BY GOVERNEMENT PLEADER MR. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R.RAMACHANDRAN NAIR, J. ===================================== W.P(C) No.4131 of 2010 =========================================== Dated this the 15th day of February, 2010 ============================================ J U D G M E N T The prayer in the writ petition is for a direction to the 2nd respondent to effect the mutation of the land comprised in Re.Sy.No.297/2 of Kakkanad village in the name of the petitioner. 2. Ext.P1 is the true copy of the sale deed of the property, purchased by the petitioner. Ext.P2 is the copy of application submitted before the 2nd respondent for effecting mutation. He was given a reply by Ext.P3, stating that there is an attachment as per the order in I.A.1013/97 in O.S.No.53/97 of the Sub Court, Ernakulam, and hence the mutation cannot be effected till the order is withdrawn 3. Thereafter, the petitioner filed Ext.P4 claim application before the Sub Court, Ernakulam to lift the attachment. It is the case of the petitioner that the counsel for the opposite parties in the suit submitted that, there is no attachment as far as the property of the petitioner is concerned in the said case. A copy of the encumbrance W.P(C) No.4131 of 2010 -2- certificate for the period from 1/1/1993 to 15/10/2008 has also been produced herein as Ext.P5. Thereafter, the petitioner filed a fresh representation as per Ext.P6 and failing to get any reply, this writ petition has been filed. 4. The learned Government Pleader on getting instructions from the 2nd respondent submitted that, if the petitioner produces the certified copies of the orders of the Civil Court and the relevant documents before the Village Officer, appropriate action will be taken in the matter. Therefore, if the petitioner makes available the certified copies of the orders of the Civil Court, along with the documents relied upon, appropriate action will be taken for effecting mutation by the 1st and 2nd respondents within a period of one month, from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. T.R.RAMACHANDRAN NAIR JUDGE nl