The court ruled that property mutation cannot proceed while related civil suits are pending, as it may infringe on the rights of other parties.

JUDGMENT :

VIJU ABRAHAM, J.

1. Petitioner has approached this Court aggrieved by the stand taken by the respondents that the mutation of 5.67 ares of property situated in R.S No.348/1 in Block No.20 of Chavara village can be effected only after disposal of civil suit pending in this regard before the Munsiff Court, Karunagapally.

2. Petitioner submits that he was in ownership and possession of 40.7 ares of land in old Survey No. 9987 of Chavara Village as per a gift deed. Certain extent of the said property was sold and now the petitioner is in possession of property having an extent of 5.67 ares of property situated in R.S No.348/1 in Block No.20 of Chavara village. The 4^th respondent attempted to encroach upon the property of the petitioner and when the construction of the boundary wall was obstructed by the 4^th respondent, a suit was as O.S. No. 472/2015 before the Munsiff Court, Kanjirapally which was decreed in favour of the petitioner as per Ext P2. Respondents 5 to 8 filed a claim petition in the EP filed by the petitioner claiming independent right over the property which was dismissed as per Ext P3. Thereafter petitioner approached the 1^st respondent for e mutation of the property which was declined as per Ext P5, taking a stand that mutation can be effected only after the disposal of the civil suit pending in this regard before the Munsiff Court, Karunagapally. Petitioner, in Grounds D and E of the writ petition, relies on various judgments to contend that the authorities are bound to effect mutation and accept tax.

3. The 2nd respondent has filed a detailed counter afÏdavit, as follows:-

“3. The petitioner filed the O.S. No. 472/15 before the Hon'ble Munsiff Court, Karunagappally impleading the 5th respondent as the respondent in the Suit, for effecting mutation of land in Chavara Village. The petitioner claimed that an extent of 40.47 Ares and 04.05 Ares of land were under her possession by virtue of Gift Deed No. 6405/1967, 4356/70 in old survey No. 9987. She submitted that from this, 40.47 Ares of land was purchased by the Kerala Government in 1972 under the Laksham Veedu Housing Scheme. She filed the the OS for effecting mutation of 05.67 Ares of land, including the remaining 04.05 Ares and excess land (Vadavuvasi), and she obtained a Court Order dated 13.07.2021 in favour of her. In the property description table of the said order, it was described as the remaining 04.05 Ares of land and the excess property (vadavuvasi) after the transaction of 40.46 from the jointly lying property including 40.47 Ares and 04.05 Ares comprised in old survey No. 9987 in Chavara Village which was changed as 05.69 Ares of land comprised in Re-survey No. 348/1-1 in Block No. 20 in Chavara Village as per resurvey records.

4. It is submitted that the Village ofÏcer, Chavara, reported that the said property was surveyed and demarcated in the presence of the commission appointed by the Hon'ble Munsif Court, and was under the possession of the petitioner. But in the Court Order and in the Sketch prepared by the Commission, it was recorded the Re-survey Number as 348/1-1 part. But, as per village records the Re- survey no. 348/1-1 does not co-relate to the Scheduled property in the OS. The corresponding Re-survey number for the old survey number 9987 recorded in O.S is 348/1. But as per Basic Tax Register, the properties comprised in Resurvey No. 348/1 co-relate to the old survey numbers 9379, 9987, 9387 and the extent is 42.10, the corresponding Re-survey numbers for the old survey number 9987 are 333/1 to 333/24 and the total extent of land is 44.05 Ares. As per the entries in the Basic Tax register this 44.05 Ares of land was purchased by