IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 4131 of 2010(N)
1. N.SALY, S/O.K.M.RAGHAVAN,
... Petitioner
Vs
1. THE VILLGE OFFICER,
... Respondent
2. THE THASILDAR,
3. THE DISTRICT COLLECTOR,
For Petitioner :SRI.K.R.VINOD
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :15/02/2010
O R D E R
T.R.RAMACHANDRAN NAIR, J.
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W.P(C) No.4131 of 2010
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Dated this the 15th day of February, 2010
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J U D G M E N T
The prayer in the writ petition is for a direction to the 2nd
respondent to effect the mutation of the land comprised in
Re.Sy.No.297/2 of Kakkanad village in the name of the
petitioner.
2. Ext.P1 is the true copy of the sale deed of the
property, purchased by the petitioner. Ext.P2 is the copy of
application submitted before the 2nd respondent for effecting
mutation. He was given a reply by Ext.P3, stating that there is
an attachment as per the order in I.A.1013/97 in O.S.No.53/97
of the Sub Court, Ernakulam, and hence the mutation cannot
be effected till the order is withdrawn
3. Thereafter, the petitioner filed Ext.P4 claim
application before the Sub Court, Ernakulam to lift the
attachment. It is the case of the petitioner that the counsel for
the opposite parties in the suit submitted that, there is no
attachment as far as the property of the petitioner is
concerned in the said case. A copy of the encumbrance
W.P(C) No.4131 of 2010
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certificate for the period from 1/1/1993 to 15/10/2008 has also
been produced herein as Ext.P5. Thereafter, the petitioner
filed a fresh representation as per Ext.P6 and failing to get
any reply, this writ petition has been filed.
4. The learned Government Pleader on getting
instructions from the 2nd respondent submitted that, if the
petitioner produces the certified copies of the orders of the
Civil Court and the relevant documents before the Village
Officer, appropriate action will be taken in the matter.
Therefore, if the petitioner makes available the certified
copies of the orders of the Civil Court, along with the
documents relied upon, appropriate action will be taken for
effecting mutation by the 1st and 2nd respondents within a
period of one month, from the date of receipt of a copy of this
Judgment.
The writ petition is disposed of as above.
T.R.RAMACHANDRAN NAIR
JUDGE
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