2025:KER:30929 WP(C) NO. 8999 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 8999 OF 2025 PETITIONER: TONY THOMAS AGED 46 YEARS S/O. THOMAS KUNJU, MANASSERIL HOUSE, PUTHUPPALLY P.O., KOTTAYAM, PIN – 686011. BY ADV GEORGE SEBASTIAN RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001. 2 THE LAND REVENUE COMMISSIONER, OFFICE OF THE COMMISSIONER OF THE LAND REVENUE PUBLIC OFFICE BUILDING, MUSEUM ROAD, VIKHASBHAVAN P.O, THIRUVANANTHAPURAM, PIN – 695033. 3 THE DISTRICT COLLECTOR KOTTAYAM, COLLECTORATE, KOTTAYAM - KUMILY ROAD, KOTTAYAM, PIN – 686002. 4 THE REVENUE DIVISIONAL OFFICER, THE REVENUE DIVISIONAL OFFICE, 2NDFLOOR, MINI CIVIL STATION, KOTTAYAM, PIN – 686001. 2025:KER:30929 WP(C) NO. 8999 OF 2025 2 5 THE TAHSILDAR (LAND RECORDS), KOTTAYAM, 1ST FLOOR, MINI CIVIL STATION, KOTTAYAM, PIN – 686001. 6 THE VILLAGE OFFICER, PUTHUPPALLY VILLAGE OFFICE, NEAR GOVT HIGHER SECONDARY SCHOOL, PUTHUPALLYP.O., KOTTAYAM, PIN – 686001. 7 THE SUB REGISTRAR, OFFICE OF THE SUB REGISTRAR PUTHUPPALLY, NEAR PUTHUPPALLY PANCHAYATHU OFFICE, KARUKACHAL RD, PUTHUPPALLY, KOTTAYAM, PIN – 686011. SMT. DEVISHREE, GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30929 WP(C) NO. 8999 OF 2025 3 T.R. RAVI, J. -------------------------------------------- W.P.(C) No.8999 of 2025 -------------------------------------------- Dated this the 08th day of April, 2025 JUDGMENT The petitioner is challenging Ext.P8 communication whereby his request for effecting mutation has been denied by stating that there are orders of attachment issued by civil courts with respect to the property in question. The existence of an attachment order cannot be a reason for denying mutation or acceptance of tax. As a matter of fact, the very fact that there is an attachment order shows that the petitioner has right over the properties. In the above circumstances, this writ petition is disposed of, setting aside Ext.P8 and directing the respondents 5 and 6 to effect mutation of the property covered by Ext.P1 in favour of the petitioner and his sisters 2025:KER:30929 WP(C) NO. 8999 OF 2025 4 mentioned in Ext.P5 family membership certificate and to accept land tax in their name. Necessary orders shall be issued within two months from the date of receipt of a copy of this judgment. Sd/- T.R.RAVI JUDGE mpm 2025:KER:30929 WP(C) NO. 8999 OF 2025 5 APPENDIX OF WP(C) 8999/2025 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF THE DOCUMENT BEARING NO.2904/1986 OF KOTTAYAM ADDITIONAL SUB REGISTRY DATED 06.10.1986. Exhibit P2 A TRUE COPY OF THE REGISTERED DOCUMENT BEARING NO. 552/1988 DATED 15.04.1988 OF PUTHUPPALLY SUB REGISTRY. Exhibit P3 A TRUE COPY OF THE DEATH CERTIFICATE OF THE PETITIONER’S FATHER DATED 11.02.2011 ISSUED FROM PUTHUPPALLY GRAMAPANCHAYATH. Exhibit P4 A TRUE COPY OF THE DEATH CERTIFICATE OF THE PETITIONER’S MOTHER DATED 25.04.2009 ISSUED FROM THE PUTHUPPALLY GRAMA PANCHAYATH. Exhibit P5 A TRUE COPY OF THE FAMILY MEMBERSHIP CERTIFICATE DATED 22.01.2024 ISSUED TO THE PETITIONER FROM THE OFFICE OF THE 6TH RESPONDENT. Exhibit P6 A TRUE COPY OF THE LAND TAX RECEIPT DATED 28.10.2002 ISSUED FROM THE OFFICE OF THE 6TH RESPONDENT. Exhibit P7 A TRUE COPY OF THE REPRESENTATION DATED NIL SUBMITTED BY THE PETITIONER ALONG WITH HIS SISTERS BEFORE THE 6TH RESPONDENT. Exhibit P8 A TRUE COPY OF THE COMMUNICATION DATED 05.09.2024 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER.