A property mutation can be executed despite pending revenue recovery proceedings, as these do not confer or divest ownership rights.

J U D G M E N T

The petitioner has approached this Court with the following prayers :

“ i. That issue the writ of mandamus or some other writ or order or direction to the respondents to collect the tax for the property of the petitioner and issue tax receipt for the year

2012-2013;

ii) That issue the writ of mandamus or some other writ or order or direction to the 4th respondent to produce documents in connection with the Ext.P4 and quash the same.

iii) That issue the writ of mandamus or some other writ or order or direction to the respondents to declare that the action or mere attachment under Revenue recovery proceedings has nothing to do with the ownership and possession of the property of the petitioner.

iv) That issue such other reliefs may be granted it deem fit at the time of hearing.”

2. The petitioner derived the title by way of Ext.P1 sale deed dated 17.06.1981 of SRO, Muvattupuzha, whereby the predecessor in interest obtained the title. Ext.P3 is the tax receipt issued in favour of the vendor/predecessor in interest, who was satisfying the tax after effecting mutation at the time of transfer of the property. The request made by the petitioner for effecting mutation after satisfying the requisite fees, as borne by Ext.P4, is not acceded to by the concerned respondent, referring to the pendency of some revenue recovery proceedings. It is pointed out that, pendency of revenue recovery proceedings need not be a bar in causing mutation to be effected, in view of the execution of the document and registration of the same, more so when mutation so as to cause transfer of registry in accordance with the Transfer of Registry Rules , 1966 does not confer or divest the title of anybody. Reliance is sought to be placed on the decision reported in 2012 (3 )

KLT SN 93 ( Vijayarajan v. Tahsildar ) .

In the above circumstance, there will be a direction to the 4th respondent to take further steps to cause mutation of the property to be effected in respect of the property covered by Ext.P1, subject to the satisfaction of all other legal requirements. This shall be done at the earliest, at any rate within 'two weeks' from the date of receipt of a copy of this judgment. It is made clear that this is without prejudice to the rights and interest of the parties concerned to proceed against the property, if the title conferred upon the petitioner/predecessor in interest is defective in any manner. Writ petition is disposed of.