Betsy Philip vs The Sub - Registrar
2021 Latest Caselaw 12742 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
    FRIDAY, THE 4TH DAY OF JUNE 2021 / 14TH JYAISHTA, 1943
                    WP(C) NO. 11598 OF 2021
PETITIONER:
0



           BETSY PHILIP,
           AGED 63 YEARS,
           D/O. LATE SRI. JOHN,
           RESIDING AT HERITAGE APARTMENT,
           NO A-3, KANNANPUZHA,
           2ND AVENUE, MAROTTICHODU,
           ERNAKULAM-682 024.

           BY ADVS.
           PRAVEEN K. JOY
           E.S.SANEEJ


RESPONDENTS:

     1     THE SUB - REGISTRAR,
           SUB REGISTRY OFFICE,
           KALADY - ALUVA ROAD,
           ALUVA, ERNAKULAM-683 101.

     2     THE TAHSILDAR,
           TALUK OFFICE, ALUVA,
           ERNAKULAM-683 101.

     3     VILLAGE OFFICER,
           ALUVA EAST, BRIDGE ROAD,
           ALUVA, ERNAKULAM-683 101.

           GOVERNMENT PLEADER SMT. PRINCY XAVIER

     THIS WRIT PETITION (CIVIL) HAVING COME UP           FOR
ADMISSION ON 04.06.2021, THE COURT ON THE SAME           DAY
DELIVERED THE FOLLOWING:
 WP(C) No.11598/2021
                                :2 :




                        JUDGMENT

~~~~~~~~~

Dated this the 4th day of June, 2021

The petitioner seeks to direct the 1 st respondent

-Sub Registrar to take up Ext.P7 request and grant permission

to note Ext.P1 judgment in the Registry and to issue

appropriate proceedings within a time limit in the interest of

justice.

2. There existed a property dispute between the

parties to OS No. 408/1996 of the Sub Court, North Paravur.

Against the judgment and decree therein, some of the parties

filed AS No.235/2001 before this Court. Finally, the parties to

the Suit arrived at an amicable settlement through mediation

under the Ernakulam Mediation Centre, which has resulted in

Ext.P1 judgment. The grievance of the petitioner, who is a

party to the settlement, is that the 1 st respondent-Sub

Registrar is not noting Ext.P1 judgment in the records WP(C) No.11598/2021

maintained by him.

3. Heard the learned counsel for the petitioner and the

learned Government Pleader representing the respondents.

4. Ext.P1 is the judgment of this Court based on a

mediated settlement. It is based on Ext.P1 that the petitioner

seeks reliefs in this writ petition. In the facts of the case, I am

of the view that the grievance of the petitioner should be

looked into by the 1st respondent at the first instance.

In the circumstances, the writ petition is disposed of

directing the 1st respondent to consider Ext.P7 representation

submitted by the petitioner, within a period of two months.

Sd/-

N. NAGARESH, JUDGE

aks/09.06.2021 WP(C) No.11598/2021

APPENDIX OF WP(C) 11598/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE PHOTO COPY OF THE JUDGEMENT DATED 22.11.2016 IN AS NO. 235/2001 OF THIS HONBLE COURT.

EXHIBIT P2 THE TRUE PHOTO COPY OF THE LOCATION SKETCH DATED 16.6.2017 OF THE 3RD RESPONDENT.

EXHIBIT P3 THE TRUE COPY OF TAX RECEIPT NO.

5770203 DATED 12.6.2017 OF THE 3RD RESPONDENT.

EXHIBIT P4 THE TRUE COPY OF THE POSSESSION CERTIFICATE DATED 16.6.2017 OF THE 3RD RESPONDENT.

EXHIBIT P5 THE TRUE COPY OF THE TAX RECEIPT NO KL07041311509/2019 DATED 07.11.2019 OF THE 3RD RESPONDENT.

EXHIBIT P6 THE TRUE COPY OF THE TAX RECEIPT NO KL07041301559/2021 DATED 05.02.2021 OF THE 3RD RESPONDENT.

EXHIBIT P7 THE TRUE COPY OF THE REQEUST BEFORE 1ST RESPONDENT DATED 05.05.2021.

SR