LAWS(KER)-2020-6-227

MOHANDAS N.S. Vs. TAHSILDAR, KANAYANNUR TALUK OFFICE

Decided On June 22, 2020
Mohandas N.S. Appellant
V/S
Tahsildar, Kanayannur Taluk Office Respondents

JUDGEMENT

(1.) The appellant, who was the writ petitioner, challenges the judgment of the learned single judge dated 23.03.2020 in W.P.(C) No. 3647 of 2020, whereby the first respondent, the Tahsildar, Kanayannur Taluk, was directed to take a decision in the application submitted by the appellant to effect mutation of an extent of 0.45 Ares of property in Survey No. 2549/1 of Ernakulam Village in the light of Ext.P1 sale deed dated 22.05.2017, after advertence to the objection of the appellant with regard to the report submitted by the Village Officer, within a period of six months from the date of receipt of a copy of the judgment.

(2.) Shorn of unnecessary details facts required for the disposal of the writ appeal are as follows:

(3.) Even though the appellant has preferred CO(C) No. 1659 of 2019 for violation of the directions contained in Exhibit P4 judgment by the Village Officer, the contempt case was closed as per Ext.P8 judgment dated 08.11.2019 holding that the issues involved are not capable of consideration in a contempt of court case proceedings. However, the liberty of the appellant to take appropriate action was left open. It was accordingly that the writ petition leading to this appeal was preferred by the appellant, basically submitting that the Village Officer has no authority to refuse mutation for a part of the property overlooking the extent of property conveyed in Exhibit P1 sale deed.