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2026 Supreme(Online)(Ker) 31140

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. Jayachandran, J
Rani M – Appellant
Versus
State Of Kerala – Respondent
WP(C) NO. 1413 OF 2026



Advocates:
For the Appellants/Petitioners: Srinath C.V., Gayathri Rajagopal, R.Lakshmi Narayan
For the Respondents: Deepa Narayanan

The court held that a transfer of registry (mutation) can be granted to a property owner even where restrictive orders or ceiling proceedings exist, provided that the mutation remains subject to the final outcome of those proceedings.

Headnote:The petitioner sought transfer of registry for a property previously purchased, which was hindered by a restrictive order regarding alienation due to ongoing ceiling proceedings. The court examined whether transfer of registry could be permitted despite such restrictions. The court addressed whether mutation of property could be granted while preserving the rights of the state in pending ceiling proceedings. The ratio decidendi emphasizes that transfer of registry is an administrative act that does not extinguish underlying legal claims or ceiling proceedings, but merely records current ownership. The court directed the relevant authority to effect the transfer of registry within a specified timeframe, subject to the final outcome of the pending ceiling proceedings.

Table of Content
1. granting mutation subject to the outcome of ongoing land ceiling proceedings. (Para 1 , 2)

JUDGMENT Vide Ext.P2, the District Collector imposed restriction on the alienation of certain properties comprised in certain survey numbers. It was pointed out by the learned Senior Counsel that the property was registered in the name of the petitioner before issuance of Ext.P2 Order. However, when transfer of registry was sought for, Ext.P2 Order is propounded as an obstacle. Learned counsel would submit that transfer of registry, pursuant to registration of the property, is legitimately due to the petitioner, at best reserving the right of the Government to continue the ceiling proceeding made mention of in Ext.P2.

2. Having heard the learned Senior Counsel on behalf of the petitioner, as also, the learned Senior Government Pleader, this Court directs the 3rd respondent/Tahsildar to effect transfer of registry in favour of the petitioner based on the petitioner’s title deed in respect of the subject property in accordance with law. The report to be preferred by the 4th respondent/Village Officer in this regard shall be done within a period of two weeks from the date of receipt of a copy of this judgment. Once the report is received, the Tahsildar will comply with the above direction within a further period of two months therefrom. It is clarified that the mutation directed to be effected will be subject to the outcome of the ceiling proceeding which is made mention of in Ext.P2.

This Writ Petition will stand disposed of as above.

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