SIDDIK P A Vs. DISTRICT COLLECTOR COLLECTORATE

JUDGEMENT

(1.) The subject issue raised in this writ petition is with respect to Ext.P7 order passed by the 2nd respondent declining mutation of the property to the petitioner on the ground that, the property in question is proceeded under the provision of the Kerala Revenue Recovery Act and it is also attached. In fact petitioner was before this court earlier and has secured Ext.P6 judgment dated 28.3.2017 in W.P.(C) No.7312/2017 wherein this court directed the 2nd respondent to consider the application submitted by the petitioner after providing an opportunity of hearing to the petitioner and also taking note of the principles of law laid down by this court in Thulasibhai v. State of Kerala, (2010) 4 Kerala Law Times 215. However, without considering the directives issued, Ext.P7 order is passed stating that, since recovery action is pending, attachment is issued and possession of the property is taken over, no mutation can be effected to the property.

(2.) Second respondent has filed a detailed statement refuting the allegations and claims and demands raised by the petitioner and also in tune with Ext.P7 order passed by the 2nd respondent.

(3.) I have heard learned counsel for petitioner, learned Government Pleader and perused the pleadings and documents on record.