Sijo V.J. @ Sijo Joseph vs District Collector
2021 Latest Caselaw 18321 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
                        WP(C) NO. 3396 OF 2021
PETITIONERS:

    1     SIJO V.J. @ SIJO JOSEPH
          AGED 42 YEARS
          S/O. LATE JOSEPH, VELIPARAMBIL HOUSE, CHERANALLUR,
          CHERANALLUR VILLAGE, KANAYANNUR TALUK,PIN-682 034

    2     MERCY JOSEPH
          AGED 68 YEARS
          W/O. LATE JOSEPH, VELIPARAMBIL HOUSE, CHERANALLUR,
          CHERANALLUR VILLAGE, KANAYANNUR TALUK,PIN-682 034

          BY ADVS.
          SRI.ABRAHAM P.GEORGE
          SMT.M.SANTHY
          SRI.JOHNY THOMAS
          SRI.C.A.ANAS
          SRI.M.B.RATHEESH
          SMT.BEJLA MARY BEJOY


RESPONDENTS:

    1     DISTRICT COLLECTOR
          ERNAKULAM, OFFICE AT CIVIL STATION, KAKKANAD,PIN-682
          030

    2     THE TAHSILDAR,
          KANAYANNUR TALUK, OFFICE AT TALUK OFFICE, KANAYANNUR AT
          ERNAKULAM,PIN-682 011

    3     THE VILLAGE OFFICER,
          CHERANALLUR VILLAGE, OFFICE AT CHITTOOR, PIN-682 027

    4     THE SPECIAL DEPUTY COLLECTOR,
          NH-66 (LA) ERNAKULAM(NORTH PARAVUR),PIN-683 513
          (CORRECTED)

          SPECIAL TAHSILDAR (LA), NH-66, UNIT NO.2, NORTH
          PARAVUR, ERNAKULAM - 683513.
          [DESCRIPTION OF 4TH RESPONDENT IS CORRECTED AS PER
          ORDER DATED 23.04.2021 IN I.A.NO.1/2021 IN
 WP(C) NO. 3396 OF 2021
                                     2


             WP(C)NO.3396/2021.]


      THIS     WRIT      PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON   07.09.2021,      THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 3396 OF 2021
                                 3


                            JUDGMENT

The petitioners have approached this Court alleging that

their Ext.P6 application for Transfer of Registry of a property

in their favour covered by Ext.P1 document made before the

Village Officer; as also their Ext.P9 application for correction

of the extent of property preferred before the fourth

respondent have not been disposed of until now. The

petitioners, therefore, pray that the said respondents be

directed to take up their applications and dispose it of, within

a time frame to be fixed by this Court.

2. Sri.Hanil Kumar, the learned Special Government

Pleader, in response, submitted that there is no legal

impediment for the fourth respondent considering Exhibit P9;

and that depending upon the decision to be taken by him, the

petitioners can approach the third respondent and seek

apposite orders on Ext.P6. He, however, prayed that this Court

may not make any affirmative declarations on the entitlement

of the petitioner to any relief and leave it to the competent

Authorities to take a decision on it in terms of law..

3. When I consider the afore submissions, it is clear that WP(C) NO. 3396 OF 2021

if the petitioners' applications are still pending before the

competent Authorities, then there is no justification for the

same being kept without orders.

4. In the afore circumstances, I direct the fourth

respondent to take up Ext.P9 and dispose of the same, after

affording an opportunity of being heard to the petitioners,

thus culminating in an appropriate decision thereon, as

expeditiously as is possible, but not later than one month from

the date of receipt of a copy of this judgment.

5. Further, on orders being issued by the fourth

respondent as afore, the petitioners will be at liberty to

produce the same before the third respondent, who will

thereafter take necessary action on Ext.P6 for Transfer of

Registry of property in favour of the petitioners. This shall be

done by the third respondent within a period of one month

from the date on which the orders of the fourth respondent is

produced before him by the petitioners, in terms of my

directions above.

In order to obtain an expeditious disposal of these

directions, the petitioners are permitted to produce a certified WP(C) NO. 3396 OF 2021

copy of this judgment, along with copy of Ext.P9, before the

fourth respondent; and the time frames above will begin from

the date on which it is so produced.

This writ petition is thus ordered.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 3396 OF 2021

APPENDIX OF WP(C) 3396/2021 PETITIONER EXHIBITS

EXHIBIT P1 TRUE PHOTOCOPY OF SALE DEED N.123/1974 OF SRO, ERNAKULAM

EXHIBIT P2 TRUE PHOTOCOPY OF THE PROPERTY TAX PAID RECEIPT NO.99 DATED 29.4.1991 ISSUED FROM CHERANALLUR VILLAGE OFFICE

EXHIBIT P3 TRUE PHOTOCOPY OF THE PROPERTY TAX PAID RECEIPT NO.9761578 DATED 22.12.2018 ISSUED FROM VILLAGE OFFICE, CHERANALLUR

EXHIBIT P4 TRUE PHOTOCOPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT WITH NO.S10-137626/2020 DATED 11.9.2020

EXHIBIT P5 TRUE PHOTOCOPY OF THE RELEVANT PAGE OF THE ACQUISITION NOTIFICATION DATED 21/1/201 CONTAINING THE PROPERTY OF THE PETITIONERS

EXHIBIT P6 TRUE PHOTOCOPY OF APPLICATION FOR MUTATION SUBMITTED BY THE PETITIONERS DATED 25.01.2021

EXHIBIT P7 TRUE PHOTOCOPY OF THE DEATH CERTIFICATE DATED 18.9.2014 OF JOSEPH ISSUED FROM KALAMASSERY MUNICIPALITY

EXHIBIT P8 TRUE PHOTOCOPY OF THE RELATIONSHIP CERTIFICATE DATED 23.3.2015 ISSUED FROM VILLAGE OFFICE, CHERANALLUR

EXHIBIT P9 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 5.2.2021 SUBMITTED BY THE FIRST PETITIONER BEFORE THE 4TH RESPONDENT