Petitioner sought mutation of land purchased via 2008 transfer. Court noted mortgagee released property and government dues were cleared. Petition allowed directing revenue officer to effect mutation.
Directed the 3rd Respondent to effect mutation of the properties in favour of the petitioner within one month.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.SIRI JAGAN
THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932
WP(C).No. 1168 of 2010(U)
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PETITIONER(S):
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DR.E.D.HILDA, D/O. ELSY DAVID AND W/O. DR. GILBERT DAS, LILLY VIHAR, KUTTICHAL, KOKKUDY MURY, MANNOORKARA VILLAGE, NEDUMANGADU TALUK.
BY ADV. SRI.ABRAHAM MATHEW (VETTOOR)
RESPONDENT(S):
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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LAND REVENUE DEPARTMENT, SECRETARIAT, THIRUVANATHAPURAM.
2. THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM.
3. THE TAHASILDAR, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT.
4. THE VILLAGE OFFICER, KALLIKAD VILLAGE, KALLIKAD.P.O., THIRUVANANTHAPURAM.
5. THE GENERAL MANAGER, KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 033.
R1 TO R4 BY GOVERNMENT PLEADER SMT. SMITHA SUKUMAR R5 BY ADV. SRI.A.A.ABUL HASSAN, SC, KFC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WPC.NO.1168/2010 U
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS:
N I L
/TRUE COPY/
P.A.TO JUDGE
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S. SIRI JAGAN, J.
- - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.1168 of 2010
- - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of July, 2010
J U D G M E N T
The petitioner purchased an extent of 1 hectare 47 ares and 40 sq.mtrs of land, as per Ext.P1 assignment deed dated 03.03.2008, which is registered with the SRO Ottasekharamangalam as document No.297/2008. Petitioner's grievance in this writ petition is that mutation applied for in respect of that property has not been granted by the 3rd respondent, on the ground that the KFC has charge over the property. According to the petitioner, the KFC has already released the property from the mortgage. A contention was also raised to the effect that the Government dues are pending in respect of that property. In the above circumstances, I directed the Government Pleader to get instructions as to what are the Government dues mentioned in Ext.P8 communication from the RDO to the petitioner. Today the learned Government Pleader
W.P.(C)No.1168 of 2010
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submits that there are no Government dues in respect of property and the dues are only in respect of the KFC. The Standing Counsel for the KFC submits that, the entire dues in respect of that property has been discharged and the KFC has released the property from the charge. The learned counsel for the petitioner submits that liability on account of O.S. No.247/2008 has also been discharged. Therefore I am satisfied that the 3rd respondent is liable to effect mutation of the properties in favour of the petitioner. Accordingly this writ petition is disposed of with a direction to the 3rd respondent to effect mutation of the properties in favour of the petitioner as expeditiously as possible at any rate within one month from the date of receipt of a copy of this judgment.
S. SIRI JAGAN JUDGE
shg/
2 issues framed by the court
Whether the revenue officer is liable to effect mutation of property in favour of the petitioner after the mortgagee has released the property and government dues are cleared.
Whether the petitioner's application for mutation should be granted discharging the third respondent.
DR.E.D.HILDA AND OTHERS
STATE OF KERALA
REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM
TAHASILDAR, NEYYATTINKARA
VILLAGE OFFICER, KALLIKAD
KERALA FINANCIAL CORPORATION
S.SIRI JAGAN
As recorded by the court registry
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