High Court Kerala High Court

James Joseph vs State Of Kerala on 8 October, 2009

Kerala High Court
James Joseph vs State Of Kerala on 8 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 2485 of 2007()


1. JAMES JOSEPH, KALAIKAL HOUSE,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY MINISTRY OF
                       ...       Respondent

2. TAHSILDAR, CHANGANACHERRY TALUK,

3. VILLAGE OFFICER, PAYIPAD VILLAGE

                For Petitioner  :SRI.M.NARENDRA KUMAR

                For Respondent  : No Appearance

The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice A.K.BASHEER

 Dated :08/10/2009

 O R D E R
             S.R.Bannurmath, C.J. & A.K. Basheer, J.
                 ------------------------------------------
                        W.A. No.2485 of 2007
                 ------------------------------------------
              Dated this the 8th day of October, 2009

                            JUDGMENT

A.K.Basheer, J.

The appellant/petitioner applied for effecting mutation or

transfer of registry in respect of 29.87 ares of land and building

therein, situated in RS No.442/2/6 of Payipad Village,

Changanacherry Taluk, Kottayam District. However, the request

was turned down by the revenue authorities on the ground that

several cases and revenue recovery proceedings are pending against

the said property, and therefore change of mutation case be

considered only after those proceedings are over. Appellant was

served with Ext.P4 communication issued by the Village Officer in

this regard. The said communication was challenged before the

learned Single Judge in the Writ Petition.

2. The learned Single Judge after considering the matter

found that the appellant/petitioner was not entitled to get any relief,

especially since the order passed by the Tahsildar referred to in

Ext.P4 was liable to be challenged in an appeal as provided under

W.A.No.2485 of 2007

– 2 –

the Transfer of Registry Rules, 1966.

3. Having heard learned counsel for the appellant and

having perused the materials available on record, we do not find any

reason to take a different view. It is evident from Ext.P4 that the

Village Officer had communicated to the appellant the order passed

by the Tahsildar on his request for change of mutation. Obviously it

is not an order passed by the Village Officer as contended by the

appellant. The appellant has not disputed before us that several

civil suits and revenue recovery proceedings are pending against the

property in question. If that be the position, the stand taken by the

revenue authorities cannot be said to be irrational or illegal.

4. In that view of the matter we do not find any reason to

interfere with the order passed by the learned Single Judge. The writ

appeal fails and it is accordingly dismissed.

S.R.Bannurmath,
Chief Justice

A.K. Basheer,
Judge
vns