Kerala High Court
Arunkumar R vs Inspector General Of ... on 27 May, 2022
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. 14171 OF 2022
PETITIONER:
ARUNKUMAR R., AGED 42 YEARS
S/O. RAJENDRAN, UTRADAM TC 18/2194/9 ANNOOR,
MANKOTKADAVU, THIRUMALA P.O, THIRUVANANTHAPURAM 695 006
BY ADV M.R.SARIN
RESPONDENTS:
1 INSPECTOR GENERAL OF REGISTRATION
OFFICE OF THE INSPECTOR GENERAL OF REGISTRATION,
BALAKRISHNAN NAIR ROAD, VANCHIYOOR, THIRUVANANTHAPURAM
695 035
2 DISTRICT REGISTRAR
OFFICE OF DISTRICT REGISTRAR, 1ST FLOOR, TRANSPORT
BHAVAN, THIRUVANANTHAPURAM 695 023
3 SUB REGISTRAR, SUB REGISTRAR OFFICE, CHALAI,
THIRUVANANTHAPURAM 695 002
SMT K AMMINIKUTTY 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. 14171 OF 2022
2
JUDGMENT
Even though there are various allegations, averments and
assertions made and urged in this writ petition, I notice that
the relief sought for by the petitioner is that the competent
respondent be directed to take up and dispose of Exts.P5 to P7
representations made by him, within a time frame to be fixed
by this Court.
2. The learned counsel for the petitioner, Sri.M.R.Sarin
Panicker, submitted that merely for the reason that a Civil Suit
is stated to be pending, his client's request for transfer of
Registry of the property involved in this case has been denied
and contended that the competent respondent is obligated to
register the property in his favour, reserving another property
as security of the objecting claims. He, therefore, reiteratingly
prayed that the reliefs sought for by his client be directed to
be acceded to by the respondents without any further delay.
3. The learned Senior Government Pleader -
Smt.K.Amminikutty, in response, submitted that if the
petitioner only requires Ext.P7 to be taken up and disposed of
by the third respondent, after hearing him as also the
WP(C) NO. 14171 OF 2022
objecting persons, there does not appear to be any legal
impediment in doing so; but prayed that this Court may not
make any affirmative declarations as to his entitlement to any
relief and leave it to the competent Authority to take a decision
on it in terms of law.
Taking note of the afore submissions, I allow this writ
petition to the limited extent of directing the third respondent
to take up Ext.P7 application of the petitioner and dispose of
the same, after hearing petitioner as also the plaintiff in Ext.P2
suit, the persons mentioned in prayer No.2 of this writ petition
and any other person who may have raised objections; 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.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
WP(C) NO. 14171 OF 2022
APPENDIX OF WP(C) 14171/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE SALE EXECUTED BETWEEN
THE PETITIONER AND ONE MANISH BALAN DATED
20-07-2017 AT SUB REGISTRAR OFFICE
THIRUVANANTHAPURAM.
Exhibit P2 THE TRUE COPY OF THE PLAINT IN OS NO
1422/2017 PENDING BEFORE THE HON'BLE ADDL
MUNSIFF COURT THIRUVANANTHAPURAM 111
Exhibit P3 THE TRUE COPY OF THE ACKNOWLEDGEMENT OF/
RECEIPT FOR ONLINE TOKEN REGISTRATION ON
6-4-2022 ISSUED BY THE REGISTRATION
DEPARTMENT GOVERNMENT OF KERALA
Exhibit P4 THE TRUE COPY OF THE TAX RECEIPT ISSUED BY
THE VILLAGE OFFICER THIRUMALA VILLAGE
OFFICER DATED 7-3-2022
Exhibit P5 THE TRUE COPY OF THE REPRESENTATION LETTER
FILED BY THE PETITIONER
Exhibit P6 THE TRUE COPY OF THE REPRESENTATION LETTER
FILED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT ON 15-04-2022
Exhibit P7 THE TRUE COPY OF THE REPRESENTATION LETTER
FILED BY THE PETITIONER BEFORE THE 3RD
RESPONDENT ON 15-04-2022
