Gopakumar vs The District Collector
2022 Latest Caselaw 6470 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
                       WP(C) NO. 12704 OF 2022


PETITIONER:

          GOPAKUMAR
          AGED 55 YEARS, S/O. SAVITHRI,
          THURAVANTAVILLA VEEDU (GOPIKA NIVAS),
          TC 67/715-1, VAZHAMUTTAMCHIRA,
          THIRUVALLAM VILLAGE, THIRUVANANTHAPURAM-695 027

          BY ADV LIJU. M.P



RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          2ND FLOOR, CIVIL STATION,
          THIRUVANANTHAPURAM-695 043

    2     THE TAHSILDAR (LAND RECORDS),
          TALUK OFFICE, KOTTAKKAKAM,
          THIRUVANANTHAPURAM-695 023

    3     THE SUB REGISTRAR,
          THIRUVALLAM SUB REGISTRAR'S OFFICE,
          THIRUVALLAM, THIRUVANANTHAPURAM-695 027

    4     THE VILLAGE OFFICER,
          THIRUVALLAM VILLAGE, KAIMANAM, THIRUVANATHAPURAM-695
          027

          SRI. BIMAL K. NATH, SR. GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12704 OF 2022
                                      2



                                T.R. RAVI, J.
                 --------------------------------------------
                        W. P. (C). No. 12704 of 2022
                  --------------------------------------------
                    Dated this the 8th day of June, 2022

                                JUDGMENT

Admit. Government Pleader takes notice for respondents.

2. The grievance of the petitioner is that Transfer of Registry

is not being effected on the ground that the claim is based on a

compromise decree, which has been produced as Ext.P1. It appears

that a stand was taken by the respondents that the decree needs to

be registered. The Government Pleader on instructions submits that

there is no legal requirement that the document should be

registered.

The writ petition is hence allowed. Ext.P3 is set aside. There

will be a direction to respondents 2 to 4 to take appropriate steps for

effecting Transfer of Registry of the property in the name of

respective share holders including the petitioner as per Ext.P1 decree

without insisting for further registration of Ext.P1 decree, within two

months from the date of receipt of a certified copy of this judgment.

Sd/-

T.R. RAVI JUDGE Pn WP(C) NO. 12704 OF 2022

APPENDIX OF WP(C) 12704/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE DECREE DATED 11.10.2019 PASSED IN OS NO.677/2018 ON THE FILE OF PRINCIPAL MUNSIFFS COURT, THIRUVANANTHAPURAM

Exhibit P2 TRUE COPY OF THE LETTER NO.D.N. 86/2020, DATED 07.01.2010 ISSUED BY ADDITIONAL MUNSIFF-1, IN CHARGE OF PRINCIPAL MUNSIFF, THIRUVANANTHAPURAM TO 3RD RESPONDENT

Exhibit P3 TRUE COPY OF THE REPLY NO.H-4-11673/20 DATED 17.06.2020 ISSUED BY RESPONDENT NO.3

Exhibit P4 TRUE COPY OF THE APPLICATION FOR TRANSFER OF REGISTRY DATED 18.10.2021

Exhibit P5 TRUE COPY OF THE AFFIDAVIT DATED 18.10.2021 EXECUTED BY THE PETITIONER IN SUPPORT OF EXT P4