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Jose Samuel vs State Of Kerala

High Court Of Kerala|20 June, 2014
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JUDGMENT / ORDER

Petitioner had approached this Court complaining about the inaction on the part of revenue authorities in not effecting mutation in respect of the property purchased as per Ext.P2 sale deed. It is informed that the daughters of the original owner were not made parties to the partition deed Ext.P1, which is the prior deed with respect to Ext.P2. Additional Tahsildar has issued Ext.P5 order stating the aforesaid reasons. 2. Such a contention had apparently cannot taken by the village authorities. They cannot sit in judgment with reference to the title of the parties. If any of the parties has dispute as per the Transfer of Registry Rules, the only question to be looked into is whether the property could be mutated and is available for W.P.(C) No.15608/2014 2 mutation as per records. Under such circumstances this Writ Petition is disposed of as under.
Ext.P5 is set aside with a direction to the 3rd respondent to consider the application of the petitioner for mutation in respect of the property purchased as per Ext.P2 sale deed and pass appropriate orders without referring to the title dispute with respect to prior document. The entire process shall be completed within a period of 15 days from the date of receipt of a copy of this judgment.
A.M.SHAFFIQUE, JUDGE vdv
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Title

Jose Samuel vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
20 June, 2014
Judges
  • A M Shaffique
Advocates
  • S Ranjit
  • Sri Gokul
  • Das V V H