V.A.Pareeth vs The District Collector
2021 Latest Caselaw 19111 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. 17524 OF 2021
PETITIONER:

          V.A.PAREETH, AGED 83 YEARS,
          S/O. ALI, VELLAYIL HOUSE, DEVIKULAM KACHERI SETTLEMENT,
          DEVIKULAM, PIN-685 613.

          BY ADV. UNNIKRISHNAN.V.ALAPATT



RESPONDENTS:

    1     THE DISTRICT COLLECTOR, IDUKKI, COLLECTORATE,
          KUYILIMALA, PAINAVU P.O, IDUKKI DISTRICT-685 603.

    2     THE TAHSILDAR, DEVIKULAM, TALUK OFFICE,
          DEVIKULAM IDUKKI DISTRICT, PIN-685 613.

    3     THE DEPUTY TAHSILDAR, K.D.H,
          IDUKKI DISTRICT, PIN-685 613.

          BY ADV.SRI. ASHWIN SETHUMADHAVAN - 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. 17524 OF 2021
                            -2-

                          JUDGMENT

The petitioner has approached this Court seeking

a direction to the 2nd respondent - Tahsildar, to

effect Transfer of Registry of the property, covered

by Ext.P1 Patta, in his favour.

2. The petitioner alleges that, even though the

2nd respondent is obligated in law to accede to his

request, he has refused to do so; thus constraining

him to have approached this Court, seeking the reliefs

sought for by him, through this writ petition. He,

therefore, prays that the 2nd respondent be directed to

accede to his request for Transfer of Registry within

a time frame to be fixed by this court.

3. In response to the afore submissions made by

Sri.Unnikrishnan V.Alappatt, learned counsel for the

petitioner, the learned Senior Government Pleader -

Sri.Ashwin Sethumadhavan, submitted that as is

recorded in Exts.P5 and P6, the files with respect to

Ext.P1 Patta have been seized by the Vigilance and WP(C) NO. 17524 OF 2021

Anti-Corruption Bureau in connection with an enquiry

being conducted on it. He submitted that, therefore,

unless the said enquiry is completed, the request of

the petitioner for Transfer of Registry in his favour

cannot be allowed.

4. I must say that I cannot find favour with the

learned Senior Government Pleader because as long as

Ext.P1 Patta has not been cancelled, varied or

modified as per law, there is a statutory presumption

in its favour. Obviously, therefore, merely because

the Vigilance and Anti-Corruption Bureau has initiated

some enquiry into the Patta, it will not inhibit the

2nd respondent from effecting Transfer of Registry of

the property covered by it, in favour of the

petitioner; though, if the same is subsequently

cancelled, varied or modified, then certainly,

necessary action against the petitioner can be taken

and completed following due procedure.

Resultantly and for the reasons above, I direct

the 2nd respondent to consider the application of the WP(C) NO. 17524 OF 2021

petitioner, stated to have been preferred before him

seeking Transfer of Registry of the property covered

by Ext.P1 Patta and to issue appropriate orders

thereon, as expeditiously as is possible, but not

later than two weeks from the date of receipt of a

copy of this judgment.

I make it clear that if Ext.P1 Patta is, in

future, modified, varied or set aside as per law, then

the afore directions will stand modulated to such

effect and the petitioner will abide by the same,

subject to his remedies, as may be available to him in

law.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 17524 OF 2021

APPENDIX OF WP(C) 17524/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PATTA NO. LA 2/2001 DATED 9.1.2001 ISSUED BY THE TAHASILDAR, DEVIKULAM.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 13.3.2009 IN W.P.C NO. 6655/2009

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 27.8.2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE REPLY DATED 2.2.2015 SENT BY THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REPLY DATED 9.11.2018 SENT BY THE STATE PUBLIC INFORMATION OFFICER, AND DEPUTY TAHASILDAR, DEVIKULAM.

EXHIBIT P6 TRUE COPY OF THE REPLY DATED 12.1.2019 GIVEN BY THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, IDUKKI UNIT.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE