IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35263 of 2009(C)
1. RANJITH GANGADHARAN, AGED 38 YEARS,
... Petitioner
Vs
1. THE VILLAGE OFFICER,
... Respondent
2. STATE OF KERALA, REP. BY SECRETARY TO
For Petitioner :SRI.T.RAMPRASAD UNNI
For Respondent :SRI.SURIN GEORGE IPE
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :03/06/2010
O R D E R
S. SIRI JAGAN, J.
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W.P.(C) No.35263 OF 2009
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Dated this the 3rd day of JUNE, 2010
J U D G M E N T
The petitioner claims to be the owner of certain lands in
Manarkad Village in Manarkad Panchayat. The petitioner has filed
Ext.P3 application for mutation. The petitioner complains that
the same is not being considered and orders passed.
2. I have heard the learned counsel appearing for the
additional third respondent and the learned Government Pleader
also. The additional third respondent opposes the petitioner’s
prayers. According to them, the additional third respondent bank
has a charge over the property and therefore, mutation cannot
be allowed.
3. I am not going into the disputed questions, in so far as
Ext.P3 is pending before the appropriate authority. It is for that
authority to consider the matter in the first instance. The learned
Government Pleader submits that Ext.P3 has to be considered by
the Tahsildar, Kottayam Taluk and not the first respondent
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Village Officer as claimed by the petitioner. After hearing both
sides, I dispose of this writ petition with the following terms.
The first respondent shall place Ext.P3, if it is pending
before him, before the Tahsildar, Kottayam Taluk. The
Tahsildar, Kottayam Taluk shall pass appropriate orders on
Ext.P3 as expeditiously as possible, at any rate, within a period
of one month from the date of receipt of a copy of this
judgment, after affording an opportunity of being heard to the
petitioner as well as the additional third respondent.
S. SIRI JAGAN, JUDGE
acd
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