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2022 Supreme(Online)(KER) 46942

HIGH COURT OF KERALA
T. R. Ravi, J
K.M.MOIDEEN@ MEETHIYAN KUNJU – Appellant
Versus
THE REVENUE DIVISIONAL OFFICER – Respondent


Advocates:
K.A.MANZOOR ALI, THASNEEM BASHEER

JUDGMENT

The writ petition was filed praying for a direction to the 3rd respondent to accept and register the settlement deed to be executed by the petitioner in favour of his daughter disregarding the pendency of Ext.P4 stop memo. There is also a prayer for a direction to the 2nd respondent to effect mutation in the Revenue and Panchayath records once the registration is effected by the 3rd respondent.

2. Pending the writ petition, the 3rd respondent has already accepted the document and registered, and the copy of the registered document has been produced as Ext.P7. The only other question that remains is regarding effecting of mutation. Pending the writ petition, the 2nd respondent has declined the request as per Ext.P8 stating that a stop memo had been issued and the process pursuant to the stop memo has to be completed.

3. The reasoning in Ext.P8 is not justified. There is no reason not to effect mutation of a property which has been legally registered, particularly since effecting mutation and collection of land tax is only for the fiscal purposes. Stop memo issued under a totally different proceedings cannot in any way be a hurdle for effecting mutation.

The writ petition is he

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