Adv. V.V.Shaji vs State Of Kerala
2021 Latest Caselaw 20948 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. 19854 OF 2021
PETITIONERS:

    1     ADV. V.V.SHAJI
          AGED 59 YEARS
          S/O LATE V.C.VARGHESE, VAZHATHAMARALAYIL, NEAR GOVT.
          HOSPITAL, THIRUVALLA P.O.THIRUVALLA VILLAGE, THIRUVALLA
          TALUK, PATHANAMTHITTA DISRICT-689 101

    2     RAJUSJ,
          AGED 56 YEARS
          W/O ADV. V.V.SHAJI, VAZHATHAMARALAYIL, NEAR GOVT.
          HOSPITAL, THIRUVALLA P.O.THIRUVALLA VILLAGE, THIRUVALLA
          TALUK, PATHANAMTHITTA DISRICT-689 101

          BY ADVS.
          VARGHESE C.KURIAKOSE
          SUSANTH SHAJI



RESPONDENTS:

    1     STATE OF KERALA
          REP BY SECRETARY, DEPT. OF REVENUE, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN-695 001.

    2     THE DISTRICT COLLECTOR,
          ERNAKULAM DISTRICT, CIVIL STATION, KAKKANADU, KOCHI-682
          030.

    3     THE TAHSILDAR,
          KANAYANNUR TALUK, TALUK OFFICE, PARK AVENUE, NEAR
          SUBHASH PARK, MARINE DRIVE, KOCHI-682 011.

    4     THE TAHSILDAR (LR),
          KANAYANNUR TALUK, TALUK OFFICE, PARK AVENUE, NEAR
          SUBHASH PARK, MARINE DRIVE, KOCHI-682 011.

    5     THE VILLAGE OFFICER
          ELAMKULAM VILLAGE, KADAVANTHARA P.O.ELAMKULAM,
          ERNAKULAM DISTRICT-682 020.

    6     THE SUB REGISTRAR
 WP(C) NO. 19854 OF 2021
                                2

          SUB REGISTRAR OFFICE, MAHATMA GANDHI ROAD,KPCC
          JUNCTION, ERNAKULAM, KERALA-682 011.



          SMT. SURYA BINOY- SR. G.P




     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. 19854 OF 2021
                                      3

                                JUDGMENT

The petitioners have approached this Court seeking a

direction to respondents 3 to 5, or the concerned among them, to

conduct an enquiry and pass appropriate orders on Ext.P5; thus

incorporating their names into the Basic Tax Register (BTR), as

also the "Thandaper" account holders, with respect to the property

covered by Ext.P1 Sale Deed, within a time frame to be fixed by

this Court.

2. The petitioners say that they are entitled to have the

Transfer of Registry effected in their favour in accordance with

Rule 3(a) of the Transfer of Registry Rules, 1966; and point out

that the latter provision stipulates with the procedure to be

followed for effecting such transfer in the case of voluntary

transfer of title. The petitioners assert that their case falls within

Rule 2(i) and Rule 3(a) of the Transfer of Registry Rules, since

they have acquired interest in the property through Ext.P1,

executed in their favour by the land owners; and thus being

entitled to Transfer of Registry of the same in their names as the WP(C) NO. 19854 OF 2021

holders of the property in respect of the undivided shares. They

pray that, therefore, the competent respondents be directed to

issue appropriate orders on Ext.P5, adverting to the afore

contentions, within a time frame t o be fixed by this Court.

3. The learned Senior Government Pleader - Smt.Surya

Binoy, answered the afore submissions of Sri.Varghese.C.

Kuriakose, saying that since Ext.P5 is still pending before the

competent Authority, this Court may allow the same to be

disposed of in terms of law and added that the petitioners will

also be heard in the said process.

When I consider the afore submissions, there can be no

doubt that the petitioners have sought that the competent

Authority be directed to take decision on Ext.P5. Of course, they

require the said Authority be ordered to pass affirmative

proceedings in their favour, which I am afraid this Court cannot

do, while acting under Article 226 of the Constitution of India,

since it is upto the said Authority to decide upon it in terms of

law. However, I am also without doubt that the competent WP(C) NO. 19854 OF 2021

Authority must consider specifically the impact of the Rules as

mentioned above, while taking a decision on Ext.P5, since prima

facie, the petitioners appear to have a case based on their claim of

being holders of the property on the strength of Ext.P1 title

document.

Resultantly, I allow this writ petition and direct the

competent among respondents 3 to 5 to immediately take up

Ext.P5 application of the petitioners and dispose of the same,

after affording them an opportunity of being heard and adverting

specifically to the afore provisions of the Transfer of Registry

Rules, 1966; thus culminating in an appropriate order and

necessary action 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 SAS/06/10/2021 WP(C) NO. 19854 OF 2021

APPENDIX OF WP(C) 19854/2021

PETITIONERS' EXHIBITS

Exhibit P1 TRUE PHOTOSTAT COPY OF THE SALE DEED NO 1382/2020 OF SRO, ERNAKULAM

Exhibit P2 TRUE PHOTOSTAT COPY OF THE ENCUMBRANCE CERTIFICATE DATED 26.6.2020 ISSUED BY THE 6TH RESPONDENT

Exhibit P3 TRUE PHOTOSTAT COPY OF THE PROPERTY TAX RECEIPT DATED 27.3.2021 ISSUED BY SECRETARY, KOCHI MUNICIPAL CORPORATION

Exhibit P4 TRUE PHOTOSTAT COPY OF THE BASIC TAX RECEIPT TAX DATED 21.8.2020 ISSUED BY THE 5TH RESPONDENT

Exhibit P5 TRUE PHOTOSTAT COPY OF REPRESENTATION PREFERRED BY THE PETITIONER BEFORE THE 3RD AND 5TH RESPONDENTS

Exhibit P6 TRUE PHOTOSTAT COPY OF THE POSTAL TRACK RECEIPT DOWNLOADED FROM THE INDIA POST WEBSITE FOR THE CONSIGNMENT NO-RL578629115IN

Exhibit P7 TRUE PHOTOSTAT COPY OF POSTAL TRACK RECEIPT DOWNLOADED FROM THE INDIA POST WEBSITE FOR THE CONSIGNMENT NO-RL578629251IN