Citation : 2022 Latest Caselaw 2168 Ker
Judgement Date : 24 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
WP(C) NO. 4381 OF 2022
PETITIONER:
REJI S, AGED 54 YEARS, S/O.SUKUMARAN K.M,
NELLIPPARA PUTHENVEEDU, KOONAMKARA PO, R-PERUNAD,
PERUNAD VILLAGE, RANNI TALUK, PATHANAMTHITTA (DIST.),
KERALA - 689711.
BY ADVS.SREEDEVI S.
R.RAJPRADEEP
ANANDHU SATHEESH
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
2 THE DISTRICT COLLECTOR, COLLECTORATE BUILDING,
PATHANAMTHITTA PO, PATHANAMTHITTA - 689645.
3 THE TAHASILDAR, OFFICE OF TAHSILDAR, RANNI,
PATHANAMTHITTA - 689672.
4 THE VILLAGE OFFICER, PERUNAD VILLAGE OFFICE,
PERUNAD PO, PERUNAD, PATHANAMTHITTA - 689711.
5 THE SUB- REGISTRAR, PERUNAD SUB REGISTRY, PERUNAD PO,
PERUNAD, PATHANAMTHITTA - 689711.
SMT.K.AMMINIKUTTY SR.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 4381 OF 2022
-2-
JUDGMENT
Amidst the various assertions, averments and
contentions urged and raised in this writ
petition, the petitioner requires that the 4th
respondent - Village Officer, be directed to take
up and consider Ext.P7 application made by him for
transfer of Registry of the property involved in
this case, within a time frame to be fixed by this
Court.
2. The afore request of the petitioner made
by his learned counsel - Smt.S.Sreedevi, was
answered by the learned Senior Government Pleader
- Smt.K.Amminikutty, saying that if the petitioner
only requires Ext.P7 to be taken up and disposed
of by the 4th respondent, there does not appear to
be any legal impediment in doing so; however,
praying that this Court may not make any
affirmative declarations in his favour in this WP(C) NO. 4381 OF 2022
judgment and leave it to the said Authority to
take an apposite decision, as per law.
In the afore circumstances, without entering
into the merits of any of the contentions or
rival contentions of the parties, I order this
writ petition and direct the 4th respondent -
Village Officer, to take up Ext.P7 application and
dispose of the same, after affording an
opportunity of being heard to the petitioner; thus
culminating in an appropriate order and necessary
action thereon, as expeditiously as is possible,
but not later than one month from the date of
receipt of a copy of this judgment.
Sd/-
DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 4381 OF 2022
APPENDIX OF WP(C) 4381/2022
PETITIONER EXHIBITS
EXHIBIT1 A TRUE COPY OF THE SALE DEED NO.
491/2003 OF SRO PERUNAD DATED 24/03/2003
EXHIBIT P2 A TRUE COPY OF THE SALE DEED NO.
1005/1976 OF SRO RANNI DATED 30/03/1976
EXHIBIT P3 A TRUE COPY OF THE SALE DEED NO.
1013/1976 OF SRO RANNI DATED 30/03/1976
EXHIBIT P4 A TRUE COPY OF THE TAX RECEIPT NO.
1076973 ISSUED BY RESPONDENT NO.4 DATED 22/01/2021
EXHIBIT P5 A TRUE COPY OF THE TAX RECEIPT NO.
1041897 IN THE NAME OF MR. SUKUMARAN ISSUED BY RESPONDENT NO.4 DATED 01/06/2020
EXHIBIT P6 A TRUE COPY OF THE TAX RECEIPT NO.
1041899 IN THE NAME OF MR. SABU ISSUED BY RESPONDENT NO. 4 DATED 01/06/2020
EXHIBIT P7 A TRUE COPY OF THE APPLICATION DATED 08/02/2022 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.4
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY// P.A. TO JUDGE
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