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2024 Supreme(Online)(KER) 95
HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
MERINA RANI ASHOK – Appellant
Versus
DISTRICT COLLECTOR, THIRUVANANTHAPURAM – Respondent
WP(C) 10404/2024
The court established the necessity for authorities to act promptly on representations related to property mutation.
Headnote:
Mandamus - Property Mutation - None
Fact of the Case:
The petitioner filed a writ petition seeking directions for the mutation of property in their name and for the authorities to consider certain representations submitted.
Issues: Whether the authorities have failed to effect the necessary mutation of property as requested by the petitioner.
Ratio Decidendi: The court decided that mandamus is appropriate to ensure the authorities consider the representations and take necessary actions without undue delay.
Final Decision: The court directed the respondents to consider representations and pass appropriate orders within three months.
The above writ petition is filed with the following prayers:
- “i) To issue a writ in the nature of Mandamus or such other writ, direction or orders commanding the 3rd respondent to mutate the property in the name of the petitioner without any further delay.
- ii) To issue a writ in the nature of Mandamus or such other writ, direction or orders commanding the 1st , 2nd and 3rd respondent to consider Exhibit P5, P6 and P7 representations respectively after hearing the petitioner and pass orders without any further delay.
- iii) Pass any such other reliefs as this Honourable Court may deem fit and proper in the interest of justice, considering the facts and circumstances of the case.” SIC
2. The main grievance of the petitioner is that the mutation is not effected to the property of the petitioner. The petitioner submitted Exts.P5 to P7 before respondent Nos.1 to 3. If that be the case, this writ petition need not be retained here. There can be a direction to respondent Nos. 1 to 3 to consider Exts.P5 to P7, within a time frame. Therefore, this writ petition is disposed of with the following directions:
- (i) Respondent Nos. 1 to 3 are directed to consider and pass appropriate orders in Exts.P5 to P7, after giving an opportunity of hearing to the WP(C) NO. 10404 OF 2024 petitioner, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment.
- (ii) The petitioner will produce a certified copy of the judgment, along with a copy of the writ petition with exhibits, before respondent Nos.1 to 3 for compliance.
