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E.Mohammed Thaha vs District Collector on 1 December, 2008

Kerala High Court
E.Mohammed Thaha vs District Collector on 1 December, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 34446 of 2008(A)


1. E.MOHAMMED THAHA,
                      ...  Petitioner

                        Vs



1. DISTRICT COLLECTOR,
                       ...       Respondent

2. TAHSILDAR, NEDUMANGADU.

3. VILLAGE OFFICER, KOLIYAKKODE.

                For Petitioner  :SRI.R.KRISHNA RAJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :01/12/2008

 O R D E R
                       V.GIRI, J
                     -------------------
                 W.P.(C).34446/2008
                     --------------------
      Dated this the 1st day of December, 2008

                     JUDGMENT

Petitioner, who is the Chairman of a Trust,

purchased an extent of 346.65 Ares of property under

Exts.P1 to P3 sale deeds. His grievance is the apparent

delay on the part of the third respondent to consider

the application for effecting mutation in the name of

the purchaser at the behest of the additional fourth

respondent, who, it seems, had earlier entered into an

agreement with the vendor of the petitioner. It seems

that there is a Suit filed by the additional fourth

respondent in relation to this matter now pending

before the Munsiff Court, Nedumangadu, as

O.S.547/2008.

2. If the sale deed has been executed by the owner

of the property, then there is no reason why mutation

should not be effected, unless there is an order of

restraint by the competent Civil Court.

3. In the result, if the petitioner produces a

W.P.(C).34446/2008
2

registered copy of the sale deed before the third

respondent along with the copy of the application for

effecting mutation and a copy of the writ petition, within

two weeks from today, needful shall be done within

three weeks thereafter. Third respondent shall issue

notice to the additional fourth respondent also before

taking a decision on the application for effecting

mutation.

Writ petition is disposed of as above.

V.GIRI,
Judge

mrcs

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