LAWS(KER)-2013-1-180

PRAKASH BABU Vs. STATE OF KERALA

Decided On January 16, 2013
PRAKASH BABU Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) THE petitioners have acquired certain item of property as per Ext. P1 and P2 sale deeds. The complaint is that though they have approached the Village Officer for effecting mutation of the property in their names no action was taken by the Village Officer and ultimately when repeated requests were made mutation was not effected on the ground that a civil suit is pending in relation to the said property.

(2.) EXT . P3 is produced by the petitioners to show that the property was mutated in the name of Kuttilattu Parvathi Amma and four others. The property had been purchased by the petitioners from the said Parvathi Amma and other co-owners. Therefore in the normal circumstances, the Village authorities have to mutate the property in the name of the petitioners who are the subsequent purchasers of the said property. There is no dispute regarding the fact that there is any puramboke land in the said property.

(3.) IT is further stated that in view of the dispute regarding the title this Court by judgment in W.P.(C). No. 1879/2011 directed the application to be considered in the terms of the Transfer of Registry Rules and to pass appropriate orders. It is also stated that Village Officer, Maniyur had informed the petitioners in writing by Ext. P8 order that further proceedings in their application will be taken only on finalisation of the suits.