IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 WP(C).No. 12469 of 2011(G) -------------------------- PETITIONER(S): ---------------------- SAINUDHEEN, AGED 50 YEARS, S/O.ALI, PANAYAPPALLY HOUSE, PALLIAMKARA, KANAYANNOOR, ERNAKULAM DISTRICT. BY ADV. SRI.A.P.SUBHASH RESPONDENT(S): ------------------------ 1. THE VILLAGE OFFICER, EDAPPALLY NORTH VILLAGE, KANAYANNOOR TALUK, ERNAKULAM DISTRICT. 2. THE TAHSILDAR, KANAYANNOOR TALUK, ERNAKULAM DISTRICT. GOVT.PLEADER SRI.T.K.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.12469/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE RELEVANT PAGES OF THE PARTITION DEED DT 1.11.2008 HAVING NO.4519 OF 2008 OF SUB REGISTRAR OFFICE, EDAPPALLY. EXT.P2: TRUE COPY OF JUDGMENT DATED 24.6.09 IN WPC NO.17597/2009. EXT.P3: TRUE COPY OF THE APPLICATION FOR MUTATION. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 12469 OF 2011 (G) ===================== Dated this the 6th day of July, 2011 J U D G M E N T The prayer sought in this writ petition is to direct respondents 1 and 2 to effect mutation in respect of the property included in schedule No. C to Ext.P1 partition deed. 2. The justification offered by the learned Government Pleader for not effecting mutation is that revenue recovery proceedings in relation to the said property are pending. This Court has already held in the judgment in Thulasibhai v. State of Kerala (2010(4) KLT 215) that the pendency of revenue recovery proceedings is not a ground to deny the request for mutation. In that view, the ground urged by the learned Government Pleader is unsustainable. 3. Therefore, I dispose of this writ petition directing that the respondents will effect mutation of the property as requested by the petitioner, provided the application made is valid in all other respects. WPC No. 12469/11 :2 : It is clarified that the mutation effected pursuant to the directions of this Court will not stand in the way of the respondents in proceeding with the recovery proceedings, if any. ANTONY DOMINIC, JUDGE Rp