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2026 Supreme(Online)(Ker) 7643

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
HELEN JOY – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 26278 OF 2021



Advocates:
For the Appellants/Petitioners: SRI.S.A.ANAND, SMT.L.AMMU PILLAI
For the Respondents: SHRI.N.KRISHNA PRASAD, SHRI.M.GOPIKRISHNAN NAMBIAR, SHRI.K.JOHN MATHAI, SRI.JOSON MANAVALAN, SRI.KURYAN THOMAS, SRI.PAULOSE C. ABRAHAM, SRI.RAJA KANNAN, SMT.AKHILA NAMBIAR

The authority for property mutation decisions lies with the Tahsildar, not the Village Officer.

Headnote:This judgment deals with the petitioner's challenge against Ext.P4 order refusing mutation of property, asserting it was issued by the Village Officer lacking authority. The court sets aside Ext.P4, mandating the Tahsildar to process the petitioner's request within two months, ensuring due process. The main issue concerns the authority of the Village Officer in property mutation decisions, with the court ruling on the proper procedural adherence required. Ultimately, the Court disposed of the writ petition, directing the Tahsildar to act accordingly.

JUDGMENT

Petitioner has approached this Court aggrieved by Ext.P4 order issued by the 3rd respondent, wherein the request made by the petitioner for effecting mutation has been declined.

As per the Transfer of Registry Rules, a decision on the application for effecting mutation is to be taken by the Tahsildar (Land Records), but in this case the decision has been taken by the 3rd respondent Village Officer, who has no authority to do so. Therefore, Ext.P4 order is set aside with a consequential direction to the Tahsildar (Land Records) concerned to finalise the proceedings on the request made by the petitioner for effecting mutation of the property based on Ext.P3 deed, after affording an opportunity of hearing to the petitioner as well as the additional 4th respondent. A decision in this regard shall be taken within an outer limit of two months from the date of receipt of a copy of the judgment.

Writ petition is disposed of as above.

Sd/-

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