Kerala High Court
Raju Joseph vs The Village Officer on 13 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943
WP(C) NO. 14625 OF 2020
PETITIONER:
RAJU JOSEPH, AGED 35 YEARS
S/O JOSEPH,KALAPPURAKKAL HOUSE,
THAZHUVAMKUNNU.P.O,KALLOORKKAD VILLAGE,
MUVATTUPUZHA TALUK.
BY ADV DOMSON J.VATTAKUZHY
RESPONDENT:
THE VILLAGE OFFICER
VILLAGE OFFICE,KALLOORKKAD.P.O,
MUVATTUPUZHA,PIN-686668.
SMT. AMMINIKUTTY -SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 14625/20
2
JUDGMENT
The petitioner has approached this Court seeking
a direction to the respondent to issue orders on
Ext.P1 request made by him for Transfer of Registry,
of an extent of 5.56 Ares of land in his favour; and
he says that he has derived title to the property
based on a settlement deed, bearing No.37/1993 of
SRO, Kalloorkkad.
2. The petitioner explains that the property
involved in this case was part of a larger extent of
11.12 Ares, which was originally owned by his
grandmother Smt.Mariyam, and that she had executed
the afore mentioned settlement deed, bearing
No.37/1993 of SRO, Kalloorkkad in favour of her two
children - Shri.Joseph and Shri.Chacko, equally. He
submitted that, therefore, both Shri.Joseph and
Chacko obtained 5.56 Ares of land in their favour;
and that, subsequent to the death of Joseph, who is
his father, the said extent devolved upon him. He
says that it is in such scenario that he has
WPC 14625/20
preferred Ext.P1 request before the respondent -
Village Officer seeking that the Transfer of
Registry with respect to the same be made in his
favour. The petitioner, therefore, prays that the
respondent be directed to take up Ext.P1 and to
issue appropriate orders thereon without any
avoidable delay.
3. In response, the learned Senior Government
Pleader - Smt.K.Amminikutty, submitted that a
statement has been filed on behalf of the
respondent, wherein, it has been explained that the
'thandaper' in the name of Smt.Mariyam - the
grandmother of the petitioner - had only 8.50 Ares,
even though the petitioner asserts that the
settlement deed executed by her, namely document
No.37/1993, SRO, Kalloorkkad takes in 11.56 Ares of
land. She submitted that, therefore, the petitioner
cannot seek Transfer of Registry of 5.56 Ares of
land in his name, without the consent of the legal
heirs of the aforementioned late Sri.Chacko, his
uncle.
WPC 14625/20
4. In reply, Sri.Domson J. Vattakuzhy -
learned counsel for the petitioner, submitted that
his client is only seeking Transfer of Registry of
property which is entitled to him and that if the
Village Officer finds that the extent covered by the
settlement deed was only 8.50 Ares, then his client
will confine his plea for Transfer of Registry of
only 4.25 Ares. He, therefore, prayed that this Writ
Petition be allowed.
5. When I consider the afore submissions, it is
clear that this Court cannot make any affirmative
declarations in favour of the petitioner at this
stage, since it is for the respondent-Village
Officer to decide on his claim at the first
instance. I am, therefore, of the view that the
petitioner must produce documents before the said
Authority in substantiation of his title, after
which the said Authority can take a final decision
on Ext.P1 application.
Resultantly, I allow this writ petition and
direct the petitioner to mark appearance before the
WPC 14625/20
respondent at 11 a.m. on 30.09.2021, along with all
documents, including the settlement deed referred
above; in which event, the said Authority will
verify the total extent which is covered by the said
document and then affect Transfer of Registry in
favour of the petitioner to the extent to which he
is entitled as per the same.
The afore exercise shall be completed by the
respondent as expeditiously as is possible, but not
later than two weeks from 30.09.2021.
Sd/-
MC/RR DEVAN RAMACHANDRAN
JUDGE
WPC 14625/20
APPENDIX OF WP(C) 14625/2020
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE APPLICATION DATED
01.01.2020 BEFORE THE RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE PROCEEEDINGS ISSUED BY
THE RESPONDENT DATED 26.02.2020.
RESPONDENTS EXTS:
ANNEXURE R1 A
TRUE COPY OF THE RELEVANT PAGES OF
CURRENT AND PREVIOUS THANDAPPER REGISTER
