High Court Kerala High Court

Benny T.A. vs The Village Officer on 19 October, 2010

Kerala High Court
Benny T.A. vs The Village Officer on 19 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31940 of 2010(B)


1. BENNY T.A., S/O. ANTONY,
                      ...  Petitioner

                        Vs



1. THE VILLAGE OFFICER,
                       ...       Respondent

2. THE TAHSILDAR,

3. LEELAMMA, W/O. LATE PRABHAKARAN,

4. LALU, S/O. LATE PRABHAKARAN,

5. AJITHA, D/O. LATE PRABHAKARAN,

6. SANTHOSH, S/O. LATE PRABHAKARAN,

                For Petitioner  :SRI.JIJO PAUL

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :19/10/2010

 O R D E R
                         ANTONY DOMINIC, J.

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                   W.P.(C) No. 31940 of 2010 N
               ```````````````````````````````````````````````````````
               Dated this the 19th day of October, 2010

                              J U D G M E N T

According to the petitioner, as per Ext.P1, he

purchased an extend of 30 cents of land in Survey No.194/1

of Chakkupallam village in Udumbanchola Taluk from

respondents 3 to 6 and others. It is stated that he made an

application to the first respondent for mutation. However, by

Ext.P2, he has been informed that some of the executants of

Ext.P1 have objected to his application and, therefore, the

application is kept pending. It is challenging Ext.P2, this writ

petition is filed.

2. Irrespective of the disputes raised, once an

application is received by the first respondent, it is for the

second respondent to take a final decision in the matter so

that, if the petitioner is aggrieved by such decision, he can

pursue legal remedies available.

3. Having regard to the fact that an application for

W.P.(C) No.31940/10
: 2 :

mutation is kept pending, it is directed that the first

respondent shall forward the application to the second

respondent on the production of a copy of this judgment by

the petitioner. It is further directed that the second

respondent shall take final decision on the application made

by the petitioner with notice to him and the objectors. Such

decision shall be taken by the second respondent, at any rate,

within six weeks from the date of receipt of the application

from the first respondent.

4. Petitioner to produce a copy of this judgment and

writ petition before respondents 1 and 2 for compliance.

Writ petition is disposed of as above.

(ANTONY DOMINIC, JUDGE)
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