IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 13520 of 2008(H)
1. HARA ONE A., D/O.M.A.RASHEED,
... Petitioner
2. HARA TWO, S/O.M.A.RASHEED, T.C.8/780,
Vs
1. THE VILLAGE OFFICER, KUZHUVILLOM,
... Respondent
2. THE ADDITIONAL TAHSILDAR, CHIRAYINKEEZHU
3. THE DISTRICT COLLECTOR, COLLECTORATE,
For Petitioner :SRI.SIBY MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :25/04/2008
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No. 13520 OF 2008
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Dated this the 25th day of April, 2008
JUDGMENT
The petitioners challenge Ext.P9 order of the 2nd respondent
cancelling the order of mutation in favour of the petitioners in
respect of certain lands as also Ext.P10 order by which the 1st
respondent Village Officer refused to accept tax in respect of the
property. The petitioners submit that there is no provision in the
Transfer of Registry Rules for cancellation of mutation already
effected and there is also no provision for filing any appeal
against Ext.P9 order.
2. I am of opinion that the power to grant mutation
carries with it the power for cancellation of the same also, going
by the provisions of the General Clauses Act. Since under Clause
18 of the Registry Rules an appeal against the order passed by
the Tahsildar lies with the Revenue Divisional Officer, I am of
opinion that the petitioners should exhaust that remedy first.
Accordingly, the writ petition is disposed of with the following
directions.
W.P.(c)No.13520/08 2
The petitioners may file an appeal against Ext.P9 before
the concerned Revenue Divisional Officer. The Revenue
Divisional Officer shall consider the same and pass appropriate
orders, in accordance with law, within two months from the
date of receipt of the appeal. The appeal shall be filed within
two weeks.
S. SIRI JAGAN, JUDGE
Acd
W.P.(c)No.13520/08 3