Renny A.J vs State Of Kerala
2021 Latest Caselaw 13767 Ker

Citation : 2021 Latest Caselaw 13767 Ker
Judgement Date : 2 July, 2021

Kerala High Court

Renny A.J vs State Of Kerala on 2 July, 2021

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943
                      WP(C) NO. 6826 OF 2021
PETITIONER:

         RENNY A.J.,
         AGED 33 YEARS
         S/O. LATE JOSEPH, ARACKAL HOUSE, OCHANTHURUTH
         P.O., ELAMKUNNAPPUZHA VILLAGE, ERNAKULAM DISTRICT,
         PIN-682508.
         BY ADV M.N.SANJITH


RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY SECRETARY, REVENUE DEPARTMENT,
         SECRETARIAT BUILDING, THIRUVANANTHAPURAM, PIN-
         695001.
    2    THE DISTRICT COLLECTOR,
         OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION,
         KAKKANAD, ERNAKULAM DISTRICT, PIN-682030.
    3    REVENUE DIVISIONAL OFFICER,
         OFFICE OF THE RDO, KOCHI-682001.
    4    THE DISTRICT REGISTRAR,
         OFFICE OF THE DISTRICT REGISTRAR, ERNAKULAM-
         682011.
    5    THE SUB REGISTRAR,
         SUB REGISTRAR OFFICE, NARAKKAL-682505.
    6    THE TAHSILDAR (L.R.),
         KOCHI TALUK, TALUK OFFICE, KOCHI-682001.
    7    THE DEPUTY TAHSILDAR (SURVEY),
         KOCHI TALUK, TALUK OFFICE, KOCHI-682001.
    8    THE VILLAGE OFFICER,
         ELAMKUNNAPPUZHA VILLAGE, MALIPPURAM P.O., KOCHI-
         682511.
         BY SMT.MABLE.C.KURIAN, GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.07.2021,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No.6826/2021

                                      2


                   P.V.KUNHIKRISHNAN, J.
                     -------------------------------
                    W.P.(C).No.6826 of 2021
             ----------------------------------------------
            Dated this the 02nd day of July, 2021


                               JUDGMENT

This writ petition is filed with following prayers:

"i) Issue a writ of mandamus or any other appropriate writ, direction or order directing respondent No.8 to issue R.O.R. certificate for the immovable property having an extent of 1.58 Ares comprised in Sy.No.732/3, Re-Sy. Block No.9, Re.Sy. No.664/1-2 of Elamkunnappuzha Village belonging to the petitioner forthwith;

ii) Issue a writ of mandamus or any other appropriate writ, direction or order directing respondent No.5 to register the sale deed without insisting for original of patta, one among the prior title deed, for registration of the sale deed of the property having an extent of 1.58 Ares comprised in Sy.No.732/3, Re-Sy. Block No.9, Re-Sy. No.664/1-2 of Elamkunnappuzha Village belonging to the petitioner in accordance with law;

iii) Grant such other reliefs or order which this Hon'ble court may deem fit and proper during the course of the Writ Petition.

W.P.(C).No.6826/2021

2. Today, when this writ petition came up for

consideration, the Government Pleader submitted that due to

some technical defect in the thandaper register, the R.O.R.

certificate was not issued. The Government Pleader submitted

that if an application is filed for getting the R.O.R. Certificate,

the authority concerned will issue the same immediately. The

counsel for the petitioner also submitted that, his client is

satisfied with that submission.

Therefore, this writ petition is disposed of in the

following manner:

If the petitioner files an application for R.O.R.

certificate within two weeks from the date of

receipt of a copy of this judgment before the

8th respondent, the 8th respondent will issue

the R.O.R. certificate within one week from the

date of receipt of that application.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.6826/2021

APPENDIX OF WP(C) 6826/2021

PETITIONER ANNEXURE

EXHIBIT P1 TRUE PHOTOCOPY OF DEATH CERTIFICATE OF LATE JOSEPH DATED 3.5.2020. EXHIBIT P2 TRUE PHOTOCOPY OF DEATH CERTIFICATE OF LATE GIRLY JOSEPH DATED 4.5.2012.

EXHIBIT P3 TRUE PHOTOCOPY OF THE DOCUMENT NO.104/1990 OF SRO, NARAKKAL DATED 12.1.1990.

EXHIBIT P4 TRUE PHOTOCOPY OF POSSESSION CERTIFICATE ISSUED BY ELAMKUNNAPPUZHA VILLAGE OFFICE DATED 7.9.2017.

EXHIBIT P5 TRUE PHOTOCOPY OF LAND TAX RECEIPT OF THAT PROPERTY OF ELAMKUNNAPPUZHA VILLAGE DATED 22.1.2020.

EXHIBIT P6 TRUE PHOTOCOPY OF THE GIFT DEED NO.1407 OF 2020 DATED 20.10.2020. EXHIBIT P7 TRUE PHOTOCOPY OF LAND TAX RECEIPT DATED 28.1.2021 ISSUED BY ELAMKUNNAPPUZHA VILLAGE.

EXHIBIT P8 TRUE PHOTOCOPY OF POSSESSION CERTIFICATE ISSUED BY ELAMKUNNAPUZHA VILLAGE DATED 28.1.2021.

EXHIBIT P9 TRUE PHOTOCOPY OF THE ENCUMBRANCE CERTIFICATE OF THE AFORESAID 1.58 ARES OF PROPERTY BELONGING TO THE PETITIONER COVERING PERIOD FROM 1.1.1990 TILL 28.1.2001.

EXHIBIT P10 TRUE PHOTOCOPY OF THE DEED OF ASSIGNMENT DATED 2.10.1975 ISSUED BY RESPONDENT NO.2 IN FAVOUR OF SMT.MARY. EXHIBIT P11 THE TRUE PHOTOCOPY OF THE FIRST APPEAL DATED 30.11.2020 PREFERRED BY THE PETITIONER BEFORE RESPONDENT NO.6. EXHIBIT P12 TRUE PHOTOCOPY OF THE ORDER DATED 6.1.2021 PASSED BY RESPONDENT NO.6 PURSUANT TO EXHIBIT P11.

EXHIBIT P13 TRUE PHOTOCOPY OF THE R.O.R.CERTIFICATE AND THE THANDAPPER COPY FEE RECEIPT.

W.P.(C).No.6826/2021

EXHIBIT P14 TRUE PRINTOUT OF THE JUDGMENT IN W.P.