Kerala High Court
Bincy vs The Revenue Divisional Officer on 25 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943
WP(C) NO. 29989 OF 2021
PETITIONERS:
1 BINCY, AGED 54 YEARS, W/O.K.M.BASHEER,
KUTTIKATTUCHALIL, 8 ROOM LANE, AMBALAM ROAD, MUNNAR,
DEVIKULAM TALUK, IDUKKI DISTRICT.
2 SHAHANAZ BASHEER, AGED 30 YEARS,
D/O.K.M.BASHEER, KUTTIKATTUCHALIL, 8 ROOM LANE,
AMBALAM ROAD, MUNNAR, DEVIKULAM TALUK, IDUKKI DISTRICT.
BY ADV. LATHEESH SEBASTIAN
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER,
DEVIKULAM, IDUKKI DISTRICT-685613.
2 THE TAHSILDAR,
DEVIKULAM TALUK, DEVIKULAM, IDUKKI DISTRICT-685613.
3 THE VILLAGE OFFICER,
KDH VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT-685613.
SMT. K. AMMINIKUTTY, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.01.2022, ALONG WITH WP(C).997/2022, 1030/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C)NO.29989 OF 2021 & Con.Cases
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943
WP(C) NO. 997 OF 2022
PETITIONER:
JUDO SELVIN.P., AGED 39 YEARS,
S/O.PETER SELVIN, JAYS COTTAGE, MATTUPETTY ROAD,
MUNNAR, IDUKKI DISTRICT-685 585.
BY ADV LATHEESH SEBASTIAN
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER,
DEVIKULAM, IDUKKI DISTRICT-685 613.
2 THE TAHASILDAR, DEVIKULAM TALUK,
DEVIKULAM, IDUKKI DISTRICT-685 613.
3 THE VILLAGE OFFICER, KDH VILLAGE,
DEVIKULAM TALUK, IDUKKI DISTRICT-685 613.
SMT.K.AMMINIKUTTY, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.01.2022, ALONG WITH WP(C).29989/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)NO.29989 OF 2021 & Con.Cases
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943
WP(C) NO. 1030 OF 2022
PETITIONERS:
1 JUDO SELVIN P., AGED 39 YEARS,
S/O. PETER SELVIN, JAYS COTTAGE, MATTUPETTY ROAD,
MUNNAR, IDUKKI DISTRICT - 685 585.
2 JOLSANA SELVIN, AGED 43 YEARS,
D/O. PETER SELVIN, JAYS COTTAGE, MATTUPETTY ROAD,
MUNNAR, IDUKKI DISTRICT - 685 585.
BY ADV LATHEESH SEBASTIAN
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER,
DEVIKULAM, IDUKKI DISTRICT - 685 613.
2 THE TAHASILDAR, DEVIKULAM TALUK,
DEVIKULAM, IDUKKI DISTRICT - 685 613.
3 THE VILLAGE OFFICER, KDH VILLAGE,
DEVIKULAM TALUK, IDUKKI DISTRICT - 685613.
SMT.K.AMMINIKUTTY, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.01.2022, ALONG WITH WP(C).29989/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)NO.29989 OF 2021 & Con.Cases
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JUDGMENT
[WP(C) Nos.29989/2021, 997/2022, 1030/2022]
I am considering these three writ petitions
together since they involve analogous factual
circumstances and seek similar, if not identical,
reliefs.
2. I must say upfront that the issues
involved in this case have already been considered
by this Court in various judgments prior,
including the one dated 09.08.2021 in W.P.
(C)No.28751 of 2020 (which is produced as Ext.P5
in W.P.(C)No.29989 of 2021 and as Ext.P4 in the
other two writ petitions), wherein, the official
respondents were directed to effect transfer of
Registry of the properties in favour of the
petitioners therein, subject to the right of the
competent Authorities to initiate necessary action
against it, including before the competent Civil
Court.
WP(C)NO.29989 OF 2021 & Con.Cases
3. Smt.K.Amminikutty - learned Senior
Government Pleader, in response to the
submissions made on behalf of the petitioners by
their learned counsel - Sri.Latheesh Sebastian,
submitted that she is not aware if an appeal has
been filed against the aforementioned judgment,
but added that certain proceedings are now pending
before the Hon'ble Supreme Court.
4. That said, to a pointed question from this
Court, Smt.K.Amminikutty was unable to inform me
whether any civil proceedings have been initiated
against the properties in question or against the
predecessor-in-interest of the petitioners until
now.
In the afore circumstances and since I do not
see any other legal impediment standing in the way
of the petitioners' request for transfer of
Registry of the properties involved in this case
in their favour, I deem it appropriate to grant
WP(C)NO.29989 OF 2021 & Con.Cases
them relief.
Resultantly, these writ petitions are ordered;
with a consequential direction to the 2nd or the 3rd
respondent - whoever is competent - to effect
transfer of Registry of the properties in the
respective names of the petitioners, after
following due procedure and affording them an
opportunity of being heard, as expeditiously as is
possible, but not later than six weeks from the
date of receipt of a copy of this judgment.
Needless to say, on the transfer of Registry
being effected, or if it has already been
completed, the petitioners will be allowed to
remit land tax on their respective properties in
future.
The afore directions are without prejudice to
the rights of the competent Authorities to
initiate any action against the properties in
question; and should such end to the detriment of
WP(C)NO.29989 OF 2021 & Con.Cases
the petitioners, they will be bound by the same,
subject to their statutory remedies; further
clarifying that the afore directions will not
offer them any special right - either in equity or
in law - at that time.
At this time, Smt.K.Amminikutty intervened to
say that the pleadings of these cases do not show
that any application of the petitioners for
effecting transfer of registry is pending. If this
be so, then I leave liberty to the petitioners or
any of them to approach respondents 2 and 3 - as
the case may be - with appropriate applications -
if not already preferred - for the afore purpose,
within a period of one week from the date of
receipt of a copy of this judgment and the afore
time frame, in such case, will begin from the date
on which the application is made.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C)NO.29989 OF 2021 & Con.Cases
APPENDIX OF WP(C) 997/2022
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SALE DEED BEARING
NO.2212/2013 OF DEVIKULAM SRO.
EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT
ISSUED FROM THE 3RD RESPONDENT ON
06.02.2018.
EXHIBIT P3 TRUE COPY OF THE CONVEYANCE DEED
BEARING NO.1433 OF 1982 OF DEVIKULAM
SRO EXECUTED BY TATA FINALY LTD. ON
04.09.1982.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN WPC NO.28751/2020
DATED 09.08.2021.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
WP(C)NO.29989 OF 2021 & Con.Cases
APPENDIX OF WP(C) 1030/2022
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SALE DEED BEARING NO
343/2018 OF DEVIKULAM SRO
EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT
ISSUED BY THE 3RD RESPONDENT WITH
RESPECT TO PROPERTY COVERED BY EXT P1
DATED 06-02-2018
EXHIBIT P3 TRUE COPY OF THE CONVEYANCE DEED
BEARING NO. 1433 OF 1982 OF DEVIKULAM
SRO EXECUTED BY TATA FINLAY LTD ON 04-
09-1982
EXHIBIT P4 TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN W.P(C0 NO. 28751/2020
DATED 09-08-2021
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
WP(C)NO.29989 OF 2021 & Con.Cases
APPENDIX OF WP(C) 29989/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SALE DEED BEARING
NO.448/1982 OF DEVIKULAM SRO.
EXHIBIT P2 TRUE COPY OF THE SALE DEED BEARING
NO.2853/2012 OF DEVIKULAM SRO.
EXHIBIT P3 TRUE COPY OF THE LAND TAX RECEIPT
ISSUED BY THE 3RD RESPONDENT WITH
RESPECT TO PROPERTY COVERED BY EXT.P2
DATED 16.04.2016.
EXHIBIT P4 TRUE COPY OF THE SALE DEED BEARING
NO.940/2021 OF DEVIKULAM SRO.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN W.P(C)NO.28751/2020
DATED 09.08.2021.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
