Muhammed Shafi vs The Village Officer
2021 Latest Caselaw 20858 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
                       WP(C) NO. 19535 OF 2021
PETITIONER:

          MUHAMMED SHAFI
          AGED 42 YEARS
          S/O. MUHAMED, NHATTIYAL PUTHIYAPURAYIL,
          KURUMATHUR P.O., KANNUR-670142.

          BY ADVS.
          ABDUL RAOOF PALLIPATH
          K.R.AVINASH (KUNNATH)
          M.K.SUMOD
          E.MOHAMMED SHAFI



RESPONDENTS:

    1     THE VILLAGE OFFICER
          KURUMATHUR VILLAGE OFFICE,
          TALIPARAMBA P.O., KANNUR-670142.

    2     THE STATE OF KERALA
          REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT,
          DEPARTMENT OF REVENUE, TRIVANDRUM-695001.



          BY ADV.
          SMT . K AMMINIKUTTY - SR GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19535 OF 2021              2

                               JUDGMENT

The petitioner has approached this Court seeking a

direction to the 1st respondent - Village Officer, to

effect Transfer of Registry of the property covered by

Ext.P1 in his favour, within a time frame to be fixed

by this Court.

2. The learned Senior Government Pleader,

Smt.K.Amminikutty, however, submitted that the

competent Authority to consider the Transfer of

Registry of the property covered by Ext.P1 is not the

1st respondent, but the jurisdictional Tahsildar. She

then added that, in any event of the matter, the

Tahsildar also will not be able to consider the said

application in view of Ext.P6 order issued by the

Chairman of the Taluk Land Board, Taliparamba.

3. I have considered the afore submissions and

have also examined Ext.P6.

4. Ext.P6 is indubitably not an order issued by

the District Collector under Section 120A of the

Kerala Land Reforms Act. The Chairman of the Taluk

Land Board has only directed in Ext.P6 that the

applications for Transfer of Registry of the

properties covered by certain Survey Numbers mentioned

therein shall be allowed only with the permission of

the Land Board. I do not, however, see in what manner

and under what provision of law this instruction has

been given by the Chairman of the Taluk Land Board,

particularly because, as I have already said above,

the District Collector has not issued any order under

Section 120A of the Kerala Land Reforms Act until now.

5. I am also aware that similar matters have

already been allowed by this Court, declaring that the

petitioners cannot be made to wait ad infinitum for

the proceedings before the Taluk Land Board to

complete, especially because if any such proceedings

should end to the detriment of the petitioner or to

the property in question, necessary action under the

Kerala Land Reforms Act can certainly be taken

forward, subject to the rights of the petitioner under

the said Act.

6. That said, as regard the contention of

Smt.K.Amminikutty that the 1st respondent is not the

competent Authority, I find favour.

In the afore circumstances, I allow this writ

petition and permit the petitioner to move an

appropriate application before the jurisdictional

Tahsildar for Transfer of Registry of the property

covered by Ext.P1 in his name; and if this is done,

the said Authority will consider the same de hors

Ext.P6 and issue appropriate orders thereon, as

expeditiously as is possible.

Needless to say, all statutory liberties and

competence, which are permitted and sanctioned under

the Kerala Land Reforms Act, to proceed against the

property, are reserved in favour of the competent

Authorities, including the Taluk Land Board; and I

make it clear that the petitioner will be obligated to

abide by the same, subject to his available remedies

and rights, in such event.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/7.10

APPENDIX OF WP(C) 19535/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE DOCUMENT NO.2695/2021 DATED 28.7.2021 OF SRO, PAZHAYANGADI.

TRUE COPY OF THE DOCUMENT NO.2644/1/2017 Exhibit P2 OF SRO, PAZHAYANGADI DATED 17.07.2017

Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 1ST RESPONDENT DATED 18.9.2020.

Exhibit P4 TRUE COPY OF THE LAND REVENUE PAYMENT RECEIPT DATED 14.7.2021.

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 10.4.2017 IN WPC.9064/2017 OF THIS HON'BLE COURT.

Exhibit P6 TRUE COPY OF THE LETTER REF.TLB 02/92/TBA DATED 16.11.2017 RECEIVED UNDER RTI ACT.

Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 26.9.2019 IN WPC 24145/2019 OF THIS HON'BLE COURT.

Exhibit P8 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC 109/2018 DATED 4.1.2018.