IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945
WP(C) NO. 17077 OF 2023
PETITIONER:
SASIKUMAR
AGED 54 YEARS
S/O. GOPALAKRISHNAN, RESIDING AT NANDANAM, MRA - 6,
KURISSADI PADINJATTATHIL, MUNDAKKAL, KOLLAM, PIN -
691014
BY ADV S.SREEKUMAR (KOLLAM)
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE SUB REGISTRAR
ERAVIPURAM SRO, KOLLAM DISTRICT, PIN - 691011
OTHER PRESENT:
SMT. PREETHA K K (SR GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.17077/2023 -2-
JUDGMENT
The petitioner has approached this court being aggrieved by the fact that the 2nd respondent has not considered Ext.P4 representation for removal of adverse entries regarding the properties comprised in Sy.No.245/8C in Re-Sy No.50 in Block 130 of Mundakkal Village, Kollam District. Certain transactions in respect of the property at the instance of the petitioner were subject matter of proceedings before the Family Court at the instance of the petitioner's former wife. According to the petitioner, all the issues between the petitioner and his former wife have been settled. Reference in this regard is made to Ext.P5 produced along with I.A. No.1/2023. The petitioner had transferred the property to his cousin to prevent any claim by his former wife and this transaction was declared as a sham transaction by the Family Court, Kollam through Ext.P1 order. It is submitted that despite the settlement, the adverse entries in respect of the property have not been removed.
2. The learned counsel for the petitioner submits that the petitioner will be satisfied if a direction is given to the 2 nd respondent to consider Ext.P4 within a time frame.
3. Heard the learned Government Pleader also.
4. Having regard to the facts and circumstances of the case and considering the limited nature of the reliefs sought for by the petitioner, this writ petition will stand disposed of directing that the 2 nd respondent to consider and pass orders on Ext.P4, having due regard to the proceedings before the Family Court, Kollam within a period of 2 months from the date of receipt of a certified copy of this judgment.
Sd/- GOPINATH P.
JUDGE AMG W.P (C) No.17077/2023 -3- APPENDIX OF WP(C) 17077/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE ORDER OF THE FAMILY COURT KOLLAM IN OP (OTHERS) NO. 662/2018 DATED 07.02.2020 Exhibit P2 THE TRUE COPY OF THE TAX RECEIPT DATED 28.12.2020 ISSUED BY THE VILLAGE OFFICE, MUNDAKKAL Exhibit P3 THE TRUE COPY OF THE POSSESSION CERTIFICATE OF THE PETITIONER ISSUED BY THE VILLAGE OFFICE, MUNDAKKAL DATED 15.1.2021 Exhibit P4 THE TRUE COPY OF THE SUBMISSION DATED 06.01.2022 FILED BY THE PETITIONER BEFORE THE ERAVIPURAM SRO