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K.A.Joseph Varghese

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

Petitioners have approached this Court complaining about the inaction on the part of the revenue authorities in not effecting mutation of the property which they purchased by separate sale deeds. Additional Tahsildar proceeded on the basis that since civil suits are pending with reference to the property in question, mutation cannot be effected. In fact, pendency of a civil suit will not preclude the respondent authorities in effecting mutation unless there is a prohibitory order from court. Having regard to the fact that no such prohibitory order has been placed on record by the respondents, I am of the view that the 1st respondent ought to have effected mutation based on the title deeds produced by the parties after complying with the other procedures as well. W.P.(C) No.31051/2012 2 In the said circumstance, this Writ Petition is disposed of as under. 1st respondent shall consider the applications of petitioners and effect mutation subject to compliance of the procedures prescribed under Transfer of Register Rules and ignoring the fact that civil suits are pending between the parties.
A.M.SHAFFIQUE, JUDGE vdv
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Title

K.A.Joseph Varghese

Court

High Court Of Kerala

JudgmentDate
20 June, 2014
Judges
  • A M Shaffique
Advocates
  • Sri
  • G Bhagavat Singh