Samuel Jabadurai vs State Of Kerala
2021 Latest Caselaw 19502 Ker

               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. 18077 OF 2021
PETITIONERS:

    1     SAMUEL JABADURAI, AGED 53 YEARS,
          S/O.DAVID G., HOUSE NO.189, SWEET HOME, MUNNAR P.O.,
          IDUKKI DISTRICT, PIN-685612.

    2     GEORGE, AGED 60 YEARS,
          S/O.VARKEY, VALETH HOUSE, MUNNAR P.O,
          IDUKKI DISTRICT, PIN-685612.

          BY ADV. N.M.VARGHESE


RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY, REVENUE (R) DEPARTMENT,
          SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

    2     THE DISTRICT COLLECTOR,
          IDUKKI DISTRICT, COLLECTORATE, KUYILIMALA, IDUKKI.

    3     THE TAHSILDAR,
          DEVIKULAM TALUK, TALUK OFFICE, DEVIKULAM,
          IDUKKI DISTRICT, PIN-685613.

    4     THE SPECIAL TAHSILDAR,
          MUNNAR, OFFICE OF THE SPECIAL TAHSILDAR, IKKA NAGAR,
          MUNNAR, IDUKKI DISTRICT, PIN-685612.

    5     THE VILLAGE OFFICER, MUNNAR VILLAGE, MUNNAR P.O.,
          IDUKKI DISTRICT, PIN-685612.

          BY ADV.SMT.K.AMMINIKUTTY, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18077 OF 2021
                                  -2-

                            JUDGMENT

The petitioners have approached this Court

seeking a direction to the 4th and 5th respondents

to effect Transfer of Registry of the property

covered by Ext.P1 sale deed in their favour. They,

however, concede that they have already approached

the 3rd respondent - Tahsildar, Devikulam Taluk,

and the 2nd respondent - District Collector,

through Exts.P3 and P4 respectively; and

alternatively pray that same be directed to be

taken up and disposed of, within a time frame to

be fixed by this Court.

2. In response, Smt.K.Amminkutty - learned

Senior Government Pleader, submitted that she will

not stand in the way of this Court directing the

3rd respondent - Tahsildar, to consider Ext.P3; but

prayed that this Court may not direct the District

Collector to take up and consider Ext.P4 at this

stage because the competent Authority to decide WP(C) NO. 18077 OF 2021

these matters at the first instance is the

Tahsildar.

3. I find substantial force in the

submissions of Smt.K.Amminikutty, particularly

because the issues relating to Transfer of

Registry will certainly have to be first decided

by the competent Tahsildar.

In the afore circumstances, I direct the 3rd

respondent - Tahsildar, to immediately take up

Ext.P3 representation of the petitioners and to

dispose it of, after affording them an opportunity

of being heard - either physically or through

video conferencing, thus culminating in an

appropriate order thereon, as expeditiously as is

possible, but not later than one month from the

date of receipt of a copy of this judgment.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 18077 OF 2021

APPENDIX OF WP(C) 18077/2021

PETITIONER EXHIBITS

EXHIBIT P1 A PHOTOCOPY OF SALE DEED NO.1343/1/2015 DATED 16.07.2015 EXECUTED AT S.R.O.DEVIKULAM IN FAVOUR OF THE PETITIONERS.

EXHIBIT P2 A PHOTOCOPY OF PATTA NO.110 IN I.A.5199/KDH DATED 25.03.1999 IN THE NAME OF M.M.MANI.

EXHIBIT P3 A PHOTOCOPY OF APPLICATION SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT TAHSILDAR, ON 02.06.2020.

EXHIBIT P4 A PHOTOCOPY OF REPRESENTATION DATED 09.08.2021 PLACED BEFORE THE 2ND RESPONDENT.

EXHIBIT P5 A PHOTOCOPY OF ACKNOWLEDGMENT DUE CARD ATTACHED TO EXHIBIT P4 COMMUNICATION AND RECEIVED BACK BY THE PETITIONERS.

RESPONDENT'S/S EXHIBITS : NIL.

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