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. 14171 OF 2022
PETITIONER:
ARUNKUMAR R., AGED 42 YEARS
S/O. RAJENDRAN, UTRADAM TC 18/2194/9 ANNOOR,
MANKOTKADAVU, THIRUMALA P.O, THIRUVANANTHAPURAM 695 006
BY ADV M.R.SARIN
RESPONDENTS:
1 INSPECTOR GENERAL OF REGISTRATION
OFFICE OF THE INSPECTOR GENERAL OF REGISTRATION,
BALAKRISHNAN NAIR ROAD, VANCHIYOOR, THIRUVANANTHAPURAM
695 035
2 DISTRICT REGISTRAR
OFFICE OF DISTRICT REGISTRAR, 1ST FLOOR, TRANSPORT
BHAVAN, THIRUVANANTHAPURAM 695 023
3 SUB REGISTRAR, SUB REGISTRAR OFFICE, CHALAI,
THIRUVANANTHAPURAM 695 002
SMT K AMMINIKUTTY 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. 14171 OF 2022
2
JUDGMENT
Even though there are various allegations, averments and assertions made and urged in this writ petition, I notice that the relief sought for by the petitioner is that the competent respondent be directed to take up and dispose of Exts.P5 to P7 representations made by him, within a time frame to be fixed by this Court.
2. The learned counsel for the petitioner, Sri.M.R.Sarin Panicker, submitted that merely for the reason that a Civil Suit is stated to be pending, his client's request for transfer of Registry of the property involved in this case has been denied and contended that the competent respondent is obligated to register the property in his favour, reserving another property as security of the objecting claims. He, therefore, reiteratingly prayed that the reliefs sought for by his client be directed to be acceded to by the respondents without any further delay.
3. The learned Senior Government Pleader - Smt.K.Amminikutty, in response, submitted that if the petitioner only requires Ext.P7 to be taken up and disposed of by the third respondent, after hearing him as also the WP(C) NO. 14171 OF 2022 3 objecting persons, there does not appear to be any legal impediment in doing so; but prayed that this Court may not make any affirmative declarations as to his entitlement to any relief and leave it to the competent Authority to take a decision on it in terms of law.
Taking note of the afore submissions, I allow this writ petition to the limited extent of directing the third respondent to take up Ext.P7 application of the petitioner and dispose of the same, after hearing petitioner as also the plaintiff in Ext.P2 suit, the persons mentioned in prayer No.2 of this writ petition and any other person who may have raised objections; thus culminating in an appropriate order thereon, as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment.
Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 14171 OF 2022 4 APPENDIX OF WP(C) 14171/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE SALE EXECUTED BETWEEN THE PETITIONER AND ONE MANISH BALAN DATED 20-07-2017 AT SUB REGISTRAR OFFICE THIRUVANANTHAPURAM.
Exhibit P2 THE TRUE COPY OF THE PLAINT IN OS NO 1422/2017 PENDING BEFORE THE HON'BLE ADDL MUNSIFF COURT THIRUVANANTHAPURAM 111 Exhibit P3 THE TRUE COPY OF THE ACKNOWLEDGEMENT OF/ RECEIPT FOR ONLINE TOKEN REGISTRATION ON 6-4-2022 ISSUED BY THE REGISTRATION DEPARTMENT GOVERNMENT OF KERALA Exhibit P4 THE TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER THIRUMALA VILLAGE OFFICER DATED 7-3-2022 Exhibit P5 THE TRUE COPY OF THE REPRESENTATION LETTER FILED BY THE PETITIONER Exhibit P6 THE TRUE COPY OF THE REPRESENTATION LETTER FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 15-04-2022 Exhibit P7 THE TRUE COPY OF THE REPRESENTATION LETTER FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ON 15-04-2022