Kerala High Court
Paichudathil Thankamani vs The Tahsildr (Land Records) on 16 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
WP(C) NO. 24107 OF 2020
PETITIONERS:
1 PAICHUDATHIL THANKAMANI
AGED 57 YEARS
W/O.LATE KUNCHIRAMAN NAMBIAR,
VAYAKKARA AMSOM, PULINGOM DESOM,
KOLWALLI P.O.,
CHUNDA, PIN-670 511.
2 PAICHUDATHIL LIJI HAREENDRAN,
D/O.LATE KUNCHIRAMAN NAMBIAR,
VAYAKKARA AMSOM, PULINGOM DESOM,
KOLWALLI P.O.,
CHUNDA, PIN-670 511.
3 PAICHUDATHIL SEENA,
D/O.LATE KUNCHIRAMAN NAMBIAR,
VAYAKKARA AMSOM,
PULINGOM DESOM,
KOLWALLI P.O.,
CHUNDA, PIN-670 511.
4 PAICHUDATHIL JAYALAKSHMI PRASAD,
D/O.LATE KUNCHIRAMAN NAMBIAR,
VAYAKKARA AMSOM, PULINGOM DESOM,
KOLWALLI P.O.,
CHUNDA, PIN-670 511.
BY ADVS.
E.N.VISHNU NAMBOODIRI
SRI.NARAYANAN P POTTY
SRI.P.REJINARK
SRI.M.K.SASEENDRAN (MELEL)
SRI.P.SANKARAN NAMPOOTHIRI
SHRI.VINOD RAJKUMAR
RESPONDENTS:
1 THE TAHSILDR (LAND RECORDS),
PAYYANNUR TALUK, KANNUR DISTRICT,
W.P(C)No.24107 of 2020
2
PIN-670 506.
2 VILLAGE OFFICER, KANKOL,
KANKOL, P.O., VIA PAYYANNUR,
KANNUR DISTRICT, PIN-670 307.
BY ADV. SMT. AMMINIKUTTY, SENIOR GOVERNMENT
PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C)No.24107 of 2020
3
JUDGMENT
Dated this the 16th day of September, 2021
The petitioners are stated to be the wife and
children of late Kunchiraman Nambiar, who they say was in
possession, as a tenant, of an extent of 0.4653 Hectors of
land, comprised of in Re-Survey No.167/1 of Kankol Village.
They say that even when Sri.Kunchiraman Nambiar was
alive, he settled the property in favour of his wife, the 1 st
petitioner herein and subsequently, they executed Ext.P3
partition deed; while the 1st petitioner, thereafter, executed
Ext.P4 deed of settlement in favour of the 3rd petitioner.
2. The petitioners say that based on these documents,
when they approached the Tahsildar through Ext.P5, for
Transfer of Registry of the properties in their respective
names, it has been denied through Ext.P6, stating that the
land has been transferred without a 'Thandapper' account
and that they have failed to produce its prior document of
title.
W.P(C)No.24107 of 2020
3. The petitioners contend that the reasons stated in
Ext.P6 are untenable and contrary to the provisions of the
Transfer of Registry Rules; and thus pray that it be set aside,
and the 1st respondent, Tahsildar be directed to accede to
their request made in Ext.P5, within a time frame to be fixed
by this Court.
4. I have heard Sri.E.N.Vishnu Namboodiri, learned
Counsel for the petitioners and Smt. AmminiKutty, learned
Senior Government Pleader, appearing for the respondents.
5. The learned Senior Government Pleader began her
submissions, referring to a statement filed on behalf of the
1st respondent saying that the 2nd respondent-Village Officer,
had denied Transfer of Registry of the property also on an
additional ground than what is stated in Ext.P6, namely, that
there are no well defined boundaries on its southern and
westerns sides. She then added that, as per the re-survey
records of Kankol Village settled in the year 1995, an extent
of 0.8080 Hectors of land, comprised in R.S.No.167/1
(O.S.No.73/1A3), under 'Thandapper' account No.421, is in
W.P(C)No.24107 of 2020
the name of three other persons, namely, Velichanthodan
Koran Nambiar, Avaronnan Koran Nambiar and
Mavilapathazhappurayil Kunhikishnan Nambiar. She
submitted that there is nothing on record to show that the
petitioners' predecessor-in-interest was in possession of the
property over 50 years ago; and, therefore, that the
provisions of Rule 14(1) of the Transfer of Registry Rules will
not come to their aid. She thus prayed that this writ petition
be dismissed.
6. I have evaluated the afore submissions and have
also examined the various materials available on record.
7. It is without doubt that the petitioners' specific
case is that their predecessor-in-interest, late Kunchiraman
Nambiar, was in possession of the property for more than
five or six decades. Their learned Counsel Sri.E.N. Vishnu
Namboodiri then explained that the afore mentioned
Sri.Velichanthodan Koran Nambiar, Sri.Avaronnan Koran
Nambiar and Sri.Mavilapathazhappurayil Kunhikishan
Nambiar were the original 'pattadars' and that late
W.P(C)No.24107 of 2020
Kunchiraman Nambiar was their tenant; and asserted it is in
such manner that his clients derived title to the property.
8. Therefore, the relevant question to be assessed in
this case is whether the predecessors-in-interest of the
petitioners was in possession of the property for five or six
decades, as has been claimed by them; and this being an
essential question of fact, cannot be decided by this Court in
a writ petition.
If the afore issue is settled after a proper
inspection and evaluation, then certainly, the other
objections in Ext.P6 would pale into insignificance because,
notwithstanding, the fact that there is no 'Thandapper' for
the property in question, or that there are no prior title
documents relating to it, the request for Transfer of Registry
of the petitioners will require to be acceded to since absence
of a well defined boundary cannot be a hindrance for this, as
it is only a consequential action.
I am, therefore, of the firm view that 2 nd
respondent must first hear the petitioners and then decide
W.P(C)No.24107 of 2020
whether their claim of uninterrupted possession of the
property for the past five or six decades is cogently and
reliably established.
If, after the afore exercise, the petitioners and
their predecessor-in-interest are found to be and have been
in possession of the property as asserted by them, then
certainly, the 2nd respondent will take necessary action under
Rule 14(1) of the Transfer of Registry Rules, dehors what is
stated in Ext.P6; thus culminating in an appropriate order
thereon as expeditiously as is possible but not later than two
months from the date of receipt of a copy of this judgment.
The writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
NR/15/09/2021
W.P(C)No.24107 of 2020
APPENDIX OF WP(C) 24107/2020
PETITIONERS' EXHIBITS
EXHIBIT P1 TRUE COPY OF DEATH CERTIFICATE ISSUED FROM
PAYYANNUR MUNICIPALITY DATED 14.06.2016.
EXHIBIT P2 TRUE COPY OF WILL EXECUTED BY DECEASED
KUNCHIRAMAN NAMBIR EXECUTED IN FAVOUR OF 1ST
PETITIONER DATED 12.03.2008.
EXHIBIT P3 TRUE COPY OF DOCUMENT NO.2582/2017 DATED
06.10.2017 OF PERINGOME SUB REGISTRY OFFICE.
EXHIBIT P4 TRUE COPY OF DOCUMENT NO.1257/2018 OF PERINGOME
SUB REGISTRY DATED 04.07.2018.
EXHIBIT P5 TRUE COPY OF PRESENTATION DATED 06.05.2019
SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST
RESPONDENT.
EXHIBIT P6 TRUE COPY OF REPLY DATED 05.06.2020 SENT BY THE
1ST RESPONDENT TO THE 1ST PETITIONER.
EXHIBIT P7 TRUE COPY OF REPRESENTATION DATED 27/10/2020
SUBMITTED BY THE 3RD PETITIONER BEFORE THE 1ST
RESPONDENT.
EXHIBIT P8 TRUE COPY OF OA FILED BEFORE PAYYANNUR LAND
TRIBUNAL DATED 27.10.2020.
EXHIBIT P9 TRUE COPY OF TAX RECEIPT ISSUED BY THE 2ND
RESPONDENT DATED 07.04.2014.
EXHIBIT P10 TRUE COPY OF PURCHASE CERTIFICATE ISSUED FROM
PAYYANNUR LAND TRIBUNAL DATED 13.05.1976.
EXHIBIT P11 TRUE COPY OF BASIC TAX RECEIPT DATED 21/5/2018
ISSUED BY THE KANKOL VILLAGE OFFICER
EXHIBIT P12 TRUE COPY OF THE PURAPPAD RECEIPT ISSUED FOR
PAYMENT OF RENT FOR THE PROPERTY WITH LARGER
EXTENT DATED NIL
