Petitioner challenged inaction by authorities in effecting mutation of property. Court directed respondents to notify Grama Panchayat to ascertain decree finality and grant mutation if applicable.
Direct respondents to notify Grama Panchayat and grant mutation if the underlying civil judgment is found to have become final.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 10TH DAY OF AUGUST 2017/19TH SRAVANA, 1939
WP(C).No. 20888 of 2017 (I)
PETITIONER(S) :
MOHAMMED ABDUL SALIM,
AGED 45 YEARS, S/O.ABDUL HAMEED, SABOORA SADANAM, MUSLIM STREET, KOTTARAKARA, KOLLAM.
BY ADV. SRI.SYAM J SAM
RESPONDENT(S) :
1. DISTRICT COLLECTOR, COLLECTORATE, KOLLAM- 691 001.
2. TALUK THAHASILDAR, TALUK OFFICE, KOTTARAKARA, KOLLAM- 691 001.
3. TALUK SURVEY SUPERINTEND, TALUK OFFICE, KOTTARAKARA, KOLLAM- 691 001.
4. VILLAGE OFFICER, VILLAGE OFFICE, KOTTARAKARA, KOLLAM- 691 001.
BY GOVERNMENT PLEADER SRI. SURIN GEORGE IPE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 20888 of 2017 (I)
APPENDIX
PETITIONER(S)' EXHIBITS :
EXHIBIT P1 THE TRUE COPY OF THE RELEASE DEED IN FAVOUR OF THE PETITIONER.
EXHIBIT P3 THE TRUE COPY OF THE COMMUNICATION GIVEN BY GRAMA PANCHAYAT, KOTTARAKARA.
EXHIBIT P4 THE TRUE COPY OF THE COMMUNICATION GIVEN TO THE FIRST RESPONDENT BY THE PETITIONER.
EXHIBIT P5 THE TRUE COPY OF THE COMMUNICATION GIVEN BY THE SECOND RESPONDENT TO THE PETITIONER.
RESPONDENT(S)' EXHIBITS :
NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
P.B. SURESH KUMAR, J.
W.P.(C) No.20888 of 2017
Dated this the 10th day of August, 2017
JUDGMENT
The grievance of the petitioner in the writ
petition concerns the inaction on the part of the authorities under the Transfer of Registry Rules in effecting mutation in respect of the property referred to in the writ petition.
instructions, submits that there was a suit filed by the petitioner in respect of the property against the local Grama Panchayath and though the said suit has been decreed in favour of the petitioner, there is nothing on
W.P.(C) No.20888 of 2017
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record to indicate as to whether the judgment in the said case has become final and it is on account of the said reason that the application of the petitioner for effecting mutation is not being considered.
In the light of the submission made by the learned Government Pleader, the writ petition is disposed of directing the respondents concerned to issue notice to the Grama Panchayat and grant the mutation sought by the petitioner, if it is found that the judgment in the case referred to above has become final.
Sd/- P.B. SURESH KUMAR JUDGE
bpr
1 issue framed by the court
Whether the mutation application was pending due to the non-finality of the seized decree in the referenced civil suit.
1 provisions across 1 enactments
Mohammed Abdul Salim
District Collector, Kollam
Taluk Thahasildar, Kottarakara
Taluk Survey Superintendent
Village Officer, Kottarakara
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
