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
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W.P.(C).34446/2008
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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
