Alavikutty vs State Of Kerala
2021 Latest Caselaw 19098 Ker

             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. 8313 OF 2021
PETITIONER:

           ALAVIKUTTY,
           AGED 50 YEARS
           S/O.KANJIRANGADAN MUHAMMED, KANJIRANGADAN HOUSE,
           KUZHIMANNA AMSOM AND DESOM, KUZHIMANNA P.O.,
           KONDOTTY-673 641.

           BY ADVS.
           V.V.SURENDRAN
           SRI.P.A.HARISH
           SMT.DONA PAUL



RESPONDENTS:

     1     STATE OF KERALA
           REPRESENTED BY SECRETARY (REVENUE DEPARTMENT),
           SECRETARIAT, THIRUVANANTHAPURAM-695 001.

     2     THE DISTRICT COLLECTOR,
           MALAPPURAM DISTRICT, COLLECTORATE,
           MALAPPURAM-676 505.

     3     THE SUB COLLECTOR,
           OFFICE OF THE SUB COLLECTOR, PERINTHALMANNA,
           MALAPPURAM-679 322.

     4     THE SUB REGISTRAR,
           SUB REGISTRY OFFICE, MANJERI-676 121.




           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:
 WP(C) NO. 8313 OF 2021             2

                              JUDGMENT

The petitioner has approached this Court with a

singular plea that respondents 3 and 4 be directed

to complete proceedings, as ordered by the 2 nd

respondent - District Collector in Ext.P6, within a

time frame to be fixed by this Court.

2. The afore request made on behalf of the

petitioner by his learned counsel

Shri.V.V.Surendran, were met by Smt.K.Amminikutty -

learned Senior Government Pleader, saying that

Ext.P6 has been issued by the District Collector to

the 3rd respondent - Sub Collector, directing him to

take up the matter with the 4 th respondent - Sub

Registrar and complete proceedings based on the

request of the petitioner for registration of his

document, reckoning its proper value. The learned

Senior Government Pleader submitted that she does

not have instructions if the 3rd respondent has

intimated the 4th respondent to take further action

based on Ext.P6; but added that if this Court is so

inclined, the Authorities may be directed to

complete proceedings based on the instructions of

the District Collector within a time frame.

3. When I evaluate the afore submissions, it is

rendered without doubt that Ext.P6 has been issued

by the District Collector to the Sub Collector,

asking him to direct the 4th respondent - Sub

Registrar to complete registration of the document

within a time frame. If the Sub Collector has

already intimated the 4th respondent, then naturally

the said Authority will have to complete the

proceedings within a time frame, but I am unable to

ascertain if such an intimation has been made yet.

Resultantly, I order this writ petition and

direct the 3rd respondent - Sub Collector to

appropriately intimate the 4th respondent - Sub

Registrar, based on Ext.P6; and that if this has

already been done, then I further direct the 4th

respondent to complete proceedings as ordered

therein without any avoidable delay.

For the purpose of expeditious compliance of the

afore directions, I direct respondents 3 and 4 to

comply with the instructions in Ext.P6 as early as

is possible, but not later than one month from the

date of receipt of a copy of this judgment.

At this time, Shri.V.V.Surendran - learned

counsel for the petitioner, intervened to say that

the document in question has already been presented

before the 4th respondent - Sub Registrar. This is

recorded.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/23.9

APPENDIX OF WP(C) 8313/2021

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE SALE DEED DATED 26.08.2015, SUB REGISTRY, MANJERI.

EXHIBIT P2 A TRUE COPY OF THE PROCEEDINGS OF THE 4TH RESPODNENT DATED 26.08.2015.

EXHIBIT P3 A TRUE COPY OF THE APPEAL PETITION.

EXHIBIT P4 A TRUE COPY OF THE PETITION FOR DISPOSAL OF APPEAL DATED 04.09.2015.

EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION TO THE 2ND RESPONDENT DATED 03.07.2019.

EXHIBIT P6 A TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT DATED 05.08.2019.