A property mutation must proceed despite ongoing boundary disputes in civil court proceedings unless otherwise legally specified.

J U D G M E N T

The petitioner as well as the 6^th respondent herein purchased certain properties from the 5^th respondent, who was the vendor. As regards the parcel of land purchased by the petitioner pursuant to Ext.P1 sale deed, the petitioner applied for mutation before the 4^th respondent Village Officer. Pursuant to Ext.P8 dated 03.11.2022, the 4^th respondent informed the petitioner that, insofar as certain disputes exist with respect to the property in question, with reference to O.S.No.783 of 2019 pending before the Munsiff's Court, Kottayam, mutation could not be effected as of now. It is seeking to challenge the afore that the petitioner is before this Court.

2. I have heard Sri.S.Ranjit, the learned counsel for the petitioner, Smt.Minisha K.Das, the learned counsel for the 5^th respondent, Sri.Athul V. Vadakkedom, the learned counsel for the 6^th respondent, as well as Smt.Sylaja S.L., the learned Government Pleader for respondents 1 to 4.

3. There is no dispute about the fact that the petitioner as well as the 6^th respondent have purchased different properties from the vendor – the 5^th respondent herein, though such properties are lying adjacent to each other. Perhaps, there are disputes as regards the boundary between these properties. With that end, the 6^th respondent has already approached the Civil Court by instituting O.S.No.783 of 2019 as noticed in Ext.P8 communication of the Village Officer. However, that cannot be a reason for not carrying out mutation as sought for by the petitioner on the basis of Ext.P1 sale deed.

Therefore, this writ petition would stand disposed of, directing the 4^th respondent to carry out mutation as well as to assign a Thandaper and to collect tax from the petitioner with reference to the property covered by Ext.P1 sale deed. The afore shall be done, as expeditiously as possible, at any rate, within a period of four weeks from the date of receipt of a copy of this judgment. It is made clear that the mutation as above shall be subject to the dispute as regards the boundary of the properties which is the subject matter of O.S.No.783 of 2019 before the Munsiff’s Court, Kottayam.

Sd/-

HARISANKAR V. MENON JUDGE