IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
WP(C) NO. 12704 OF 2022
PETITIONER:
GOPAKUMAR
AGED 55 YEARS, S/O. SAVITHRI,
THURAVANTAVILLA VEEDU (GOPIKA NIVAS),
TC 67/715-1, VAZHAMUTTAMCHIRA,
THIRUVALLAM VILLAGE, THIRUVANANTHAPURAM-695 027
BY ADV LIJU. M.P
RESPONDENTS:
1 THE DISTRICT COLLECTOR
2ND FLOOR, CIVIL STATION,
THIRUVANANTHAPURAM-695 043
2 THE TAHSILDAR (LAND RECORDS),
TALUK OFFICE, KOTTAKKAKAM,
THIRUVANANTHAPURAM-695 023
3 THE SUB REGISTRAR,
THIRUVALLAM SUB REGISTRAR'S OFFICE,
THIRUVALLAM, THIRUVANANTHAPURAM-695 027
4 THE VILLAGE OFFICER,
THIRUVALLAM VILLAGE, KAIMANAM, THIRUVANATHAPURAM-695
027
SRI. BIMAL K. NATH, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12704 OF 2022
2
T.R. RAVI, J.
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W. P. (C). No. 12704 of 2022
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Dated this the 8th day of June, 2022
JUDGMENT
Admit. Government Pleader takes notice for respondents.
2. The grievance of the petitioner is that Transfer of Registry is not being effected on the ground that the claim is based on a compromise decree, which has been produced as Ext.P1. It appears that a stand was taken by the respondents that the decree needs to be registered. The Government Pleader on instructions submits that there is no legal requirement that the document should be registered.
The writ petition is hence allowed. Ext.P3 is set aside. There will be a direction to respondents 2 to 4 to take appropriate steps for effecting Transfer of Registry of the property in the name of respective share holders including the petitioner as per Ext.P1 decree without insisting for further registration of Ext.P1 decree, within two months from the date of receipt of a certified copy of this judgment.
Sd/-
T.R. RAVI JUDGE Pn WP(C) NO. 12704 OF 2022 3 APPENDIX OF WP(C) 12704/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE DECREE DATED 11.10.2019 PASSED IN OS NO.677/2018 ON THE FILE OF PRINCIPAL MUNSIFFS COURT, THIRUVANANTHAPURAM Exhibit P2 TRUE COPY OF THE LETTER NO.D.N. 86/2020, DATED 07.01.2010 ISSUED BY ADDITIONAL MUNSIFF-1, IN CHARGE OF PRINCIPAL MUNSIFF, THIRUVANANTHAPURAM TO 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE REPLY NO.H-4-11673/20 DATED 17.06.2020 ISSUED BY RESPONDENT NO.3 Exhibit P4 TRUE COPY OF THE APPLICATION FOR TRANSFER OF REGISTRY DATED 18.10.2021 Exhibit P5 TRUE COPY OF THE AFFIDAVIT DATED 18.10.2021 EXECUTED BY THE PETITIONER IN SUPPORT OF EXT P4