IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27751 of 2008(D)
1. AZHAKAPPAN ACHARI, KALLUVILAKATHU
... Petitioner
2. THANKAM, DO. DO.
3. MEENAKSHI, DO. DO.
4. SANTHA, DO. DO.
Vs
1. THE DISTRICT COLLECTOR, TRIVANDRUM.
... Respondent
2. NAGAMMA, LAKSHAM VEEDU NO.14,
For Petitioner :SRI.V.G.ARUN
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :26/09/2008
O R D E R
V. GIRI, J.
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W.P.(C)No. 27751 OF 2008
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Dated this the 26th day of September, 2008
JUDGMENT
Petitioner challenges Ext.P9 order passed by the District
Collector, which is one passed on an application filed by the 2nd
respondent herein. Challenge is regarding the mutation in relation to
a land having an extent of 26.56 Cents in RS Nos.93/22, 93/20
Nellanadu village in Nedumangad Taluk. The petitioner and the 2nd
respondent is stated to be parties to the partition deed. According to
the 2nd respondent, she did not join the partition deed. Admittedly,
there is a civil suit between the parties now pending before the
Additional Munsiff’s court, Nedumangad, as OS No.50/07. The issue
is as to whether the 2nd respondent has actually executed the
partition deed or whether it is a fraudulent document. Ultimately, it
can be decided by the civil court either in OS No.50/07, or any other
suit which the parties may institute specifically in that behalf. Any
finding by the revenue authorities, under the transfer of registry rules
obviously would not be binding on them. Both the petitioners and the
2nd respondent will be entitled to raise the contentions independently
available to them in the civil suit.
W.P.(C)No. 27751 OF 2008
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In the facts and circumstances of this case and as there is a
dispute between the parties pending in a civil suit, it is appropriate
that further steps pursuant to Ext.P9 be kept in abeyance for a period
of four months. Accordingly, the writ petition is disposed of directing
that the further proceedings pursuant to Ext.P9, shall be kept in
abeyance for a period of four months. In the meanwhile, it is open to
the petitioners either to seek an amendment in the pending Original
Suit or file a fresh suit for a declaration and other appropriate reliefs.
It will be open to the petitioner to impugn the proceedings under the
transfer of registry rules also in such proceedings before the civil
court.
(V. GIRI, JUDGE)
ttb