IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
WP(C) NO. 27631 OF 2021
PETITIONER:
SAIMON SELVARAJ
AGED 55 YEARS
S/O.SELVARAJ, SHYLA BHAVAN,
NETAJI COLONY, GUNDUMALA, CHINNAKKANAL,
SOORYANELLI.P.O,
IDUKKI DISTRICT-685618.
BY ADVS.
GEORGE ABRAHAM
JOBY DANIEL JOSEPH
RESPONDENTS:
1 DISTRICT COLLECTOR
COLLECTORATE, PAINAV,
IDUKKI DISTRICT-685602.
2 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, DEVIKULAM, IDUKKI-685613.
3 THE TAHSILDAR,
UDUMBANCHOLA TALUK, IDUKKI DISTRICT-685554.
4 THE VILLAGE OFFICER,CHINNAKKANAL VILLAGE,
(VIA)UDUMBANCHOLA, IDUKKI DISTRICT-685554.
OTHER PRESENT:
SMT.K AMMINIKUTTY SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 27631 OF 2021 2
JUDGMENT
The petitioner seeks that the respondents be directed to transfer registry of the property covered by Ext.P1 - Sale Deed in his favour, within a time frame to be fixed by this Court.
2. Shri.Joby Daniel Joseph - learned counsel for the petitioner, pointed out that his client had purchased the property from a certain Shri.Marimuthu through Ext.P1 - Sale Deed and that the latter had obtained it validly in the year 1994 through Ext.P2 - Patta. He submitted that, therefore, his client's title over the property is unimpeached and consequently that its transfer of Registry ought to have been conceded to by the respondents. He, therefore, reiteratingly prayed that the said Authority be directed to do so without any further delay.
3. In response, the learned Senior Government Pleader - Smt.K.Amminikutty, submitted that though Ext.P2 - Patta was issued in favour of the afore mentioned Shri.Marimuthu, no Thandaper Account had been assigned to him and, consequently that, the transfer of the same in favour of the petitioner has now WP(C) NO. 27631 OF 2021 3 become difficult. She added that there are also enquiries pending with respect to the genuineness of Ext.P2- Patta, along with various others in the locality, and that unless such are completed, the request of the petitioner for transfer of Registry of the property cannot be acceded to.
4. When I hear the learned Senior Government Pleader on the afore lines it is evident that there is no substantiated input against the petitioner qua his title over the property in question. There is only a suspicion that Ext.P2 may be bogus, since there was such documents detected in the past in the locality. The learned Senior Government Pleader says that an enquiry is still pending into the same. Obviously, therefore, such enquiry will have to be completed at the earliest, so that the assignment of Thandaper in favour of the petitioner can be done, leading to its transfer of Registry being completed as per law.
Resultantly, I order this writ petition and direct the 3 rd respondent - Tahsildar to complete proceedings with respect to the application of the petitioner for transfer of Registry of the property WP(C) NO. 27631 OF 2021 4 covered by Exts.P1 and P2 in his favour, which shall be done after following due procedure and after affording an opportunity of being heard to him, as expeditiously as is possible, but not later than four months from the date of receipt of a copy of this judgment.
I make it clear that I am affording four months time to the Tahsildar to act as afore solely because the said time can be used by the competent Authorities to complete the enquiry, if any, pending against Exts.P2 - Patta in the meanwhile.
Therefore, it is also further clarified if such enquiry is not completed within the afore time frame, the Tahsildar will be obligated to act as per the above directions notwithstanding the same.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/26.5 WP(C) NO. 27631 OF 2021 5 APPENDIX OF WP(C) 27631/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TITLE DEED NO.22/9/2011. Exhibit P2 TRUE COPY OF THE PATTA ISSUED IN FAVOUR OF MARIMUTHU, DATED 13/7/1994.
Exhibit P3 TRUE COPY OF APPLICATION SUBMITTED IN FORM NO.1 BY THE PETITIONER DATED 23/9/2011.
Exhibit P4 TRUE COPY OF THE PETITIONER FILED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, IDUKKI DATED 4/2/2021.
Exhibit P5 TRUE COPY OF RECEIPT DATED 4/2/2021.