Samson V vs The Thahisldar

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
                       WP(C) NO. 12924 OF 2022
PETITIONER:

            SAMSON V.
            AGED 62 YEARS
            RESIDING AT SAM COTTAGE, KEDAKULAM, AYIROOR VILLAGE,
            VARKALA TALUK, THIRUVANANTHAPURAM DISTRICT,
            KERALA STATE - 695 142.
            BY ADVS.
            SANAND RAMAKRISHNAN
            K.P.PRADEEP


RESPONDENTS:

    1       THE THAHISLDAR
            VARKALA TALUK, COURT RD, VARKALA,
            THIRUVANANTHAPURAM, KERALA - 695 141.
    2       THE VILLAGE OFFICER
            PQF5+H6H, CHERUNNIYOOR, VARAKALA TALUK,
            THIRUVANANTHAPURAM, KERALA - 695 142.
OTHER PRESENT:

            SMT MABLE C KURIAN SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12924 OF 2022          2

                           JUDGMENT

The petitioner singularly seeks a direction to the competent among respondents 1 and 2 to take up Ext.P4 application preferred by him, seeking transfer of Registry of the property covered in this case in his favour, so as to enable him to remit land tax thereon, without any further delay.

2. The afore request of Shri.Sanand Ramakrishnan - learned counsel for the petitioner, was answered by the learned Senior Government Pleader - Smt.Mable C.Kurian, saying that she does not have instructions as to whether Ext.P4 application has been received or disposed of yet; but added that if the same is still pending, there does not appear to be any legal impediment in it being considered by the competent Authority. She, however, prayed that this Court may not make any affirmative declarations on the entitlement of the petitioner to any relief and leave it to be decided by the competent Authority, in terms of law.

In the afore circumstances, I order this writ petition and direct the competent among respondents 1 and 2 to take up WP(C) NO. 12924 OF 2022 3 Ext.P4 application and dispose of the same, after affording an opportunity of being heard to the petitioner; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment.

If, on the contrary, the competent respondent is to find that Ext.P4 application has not been received, then it will call upon the petitioner to make available another application or a copy of the same, which shall then be taken into account and disposed of in terms of the afore directions within a period of one month from the date on which it is so produced by the petitioner.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/28.5 WP(C) NO. 12924 OF 2022 4 APPENDIX OF WP(C) 12924/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE ISSUED IN FAVOUR OF THE PETITIONER DATED 25/06/2021.

Exhibit P2 TRUE COPY OF THE DEATH CERTIFICATE ISSUED CERTIFYING THE DEATH OF THE PETITIONER'S MOTHER DATED 18/08/2014.

Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT IN RESPECT OF THE LAND IN QUESTION DATED 03/08/2021.

Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE 1ST RESPONDENT SEEKING TRANSFER OF REGISTRY IN HIS NAME DATED 18/02/2022.

Exhibit P5 TRUE COPY OF THE RELEVANT PROVISIONS OF THE TRANSFER OF REGISTRY RULES, 1966.