The court emphasized adherence to established legal principles regarding property mutation while considering statutory obligations under the Land Reforms Act.

J U D G ME N T

Petitioners have purchased certain immovable property situate in Vagamon Village, Peermede Taluk of Idukki District, as per Ext.P1 registered sale deed of the office of the Sub Registrar, Peermede. According to the petitioners, after the purchase, petitioners have submitted application for effecting transfer of registry, and accordingly mutation was effected and assigned TP No.7021 evident from Ext.P2. Eventhough petitioners have submitted Ext.P4 application seeking issuance of possession certificate and location sketch, they are informed by the respondents that, the Principal Secretary to Government had issued instructions not to effect mutation of the property which forms part of plantation and hence, the request made by the petitioners for the purpose is deferred indefinitely. These are the background facts projected by the petitioners to secure the relief sought for in the writ petition.

2. Heard learned counsel for the petitioners and learned special Government Pleader.

3. The predominant contention advanced by learned counsel for the petitioners is that, the very same question was considered by this Court in W.P. (C).No.31477/2011 and connected cases and rendered a judgment on 13.2.2015, whereby directions were issued to effect mutation of the property, accept tax and issue location sketch and possession certificate, however, subject to any enquiry conducted under the provisions of Land Reforms Act. The judgment was followed by this Court in various other judgments.

4. Therefore, taking note of the respective submissions made across the Bar and realising that in similar circumstances, this Court had directed issuance of the Revenue Certificates as well as acceptance of tax, I think the same parameter can be adopted in the case of the petitioners also.

5. Therefore, there will be a direction to the competent among the respondents to re-consider Ext.P4 application submitted by the petitioners, de hors the findings contained in Ext.P5 and issue the possession certificate and location sketch, in accordance with law.

6. However, I make it clear that all those acts will be subject to any enquiry conducted as per the provisions of the Land Reforms Act. A finality shall be attained to the direction within a month from the date of receipt of a copy of this judgment.

Writ petition is disposed of accordingly.