Samson V vs The Thahisldar
2022 Latest Caselaw 5688 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
                       WP(C) NO. 12924 OF 2022
PETITIONER:

            SAMSON V.
            AGED 62 YEARS
            RESIDING AT SAM COTTAGE, KEDAKULAM, AYIROOR VILLAGE,
            VARKALA TALUK, THIRUVANANTHAPURAM DISTRICT,
            KERALA STATE - 695 142.
            BY ADVS.
            SANAND RAMAKRISHNAN
            K.P.PRADEEP


RESPONDENTS:

    1       THE THAHISLDAR
            VARKALA TALUK, COURT RD, VARKALA,
            THIRUVANANTHAPURAM, KERALA - 695 141.
    2       THE VILLAGE OFFICER
            PQF5+H6H, CHERUNNIYOOR, VARAKALA TALUK,
            THIRUVANANTHAPURAM, KERALA - 695 142.
OTHER PRESENT:

            SMT MABLE C KURIAN SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12924 OF 2022          2

                           JUDGMENT

The petitioner singularly seeks a direction to the

competent among respondents 1 and 2 to take up Ext.P4

application preferred by him, seeking transfer of Registry of the

property covered in this case in his favour, so as to enable him

to remit land tax thereon, without any further delay.

2. The afore request of Shri.Sanand Ramakrishnan -

learned counsel for the petitioner, was answered by the learned

Senior Government Pleader - Smt.Mable C.Kurian, saying that

she does not have instructions as to whether Ext.P4 application

has been received or disposed of yet; but added that if the same

is still pending, there does not appear to be any legal

impediment in it being considered by the competent Authority.

She, however, prayed that this Court may not make any

affirmative declarations on the entitlement of the petitioner to

any relief and leave it to be decided by the competent Authority,

in terms of law.

In the afore circumstances, I order this writ petition and

direct the competent among respondents 1 and 2 to take up

Ext.P4 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.

If, on the contrary, the competent respondent is to find that

Ext.P4 application has not been received, then it will call upon

the petitioner to make available another application or a copy of

the same, which shall then be taken into account and disposed

of in terms of the afore directions within a period of one month

from the date on which it is so produced by the petitioner.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/28.5

APPENDIX OF WP(C) 12924/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE ISSUED IN FAVOUR OF THE PETITIONER DATED 25/06/2021.

Exhibit P2 TRUE COPY OF THE DEATH CERTIFICATE ISSUED CERTIFYING THE DEATH OF THE PETITIONER'S MOTHER DATED 18/08/2014.

Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT IN RESPECT OF THE LAND IN QUESTION DATED 03/08/2021.

Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE 1ST RESPONDENT SEEKING TRANSFER OF REGISTRY IN HIS NAME DATED 18/02/2022.

Exhibit P5 TRUE COPY OF THE RELEVANT PROVISIONS OF THE TRANSFER OF REGISTRY RULES, 1966.