Bharathi.P.K vs District Collector
2022 Latest Caselaw 5753 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. 16109 OF 2022
PETITIONER:

          BHARATHI.P.K
          AGED 65 YEARS
          WIFE OF RAJAPPAN @ RAGHAVAN, IDAKKERI NIKARTHIL
          HOUSE, VAT ROAD, EDAKOCHI, PIN - 682010
          BY ADV DENIZEN KOMATH


RESPONDENTS:

    1     DISTRICT COLLECTOR
          COLLECTORATE, KAKKANAD, ERNAKULAM., PIN - 682030
    2     REVENUE DIVISIONAL OFFICER
          O/O REVENUE DIVISIONAL OFFICER, FORT KOCHI,
          PIN - 682001
    3     TAHSILDAR (LA)
          TALUK OFFICE, KOCHI, PIN - 682001
    4     TAHSILDAR (LR)
          TALUK OFFICE, KOCHI, PIN - 682001
    5     VILLAGE OFFICER
          PUTHUVYPU VILLAGE, PUTHUVYPU POST, KOCHI,
          PIN - 682508
OTHER PRESENT:

          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. 16109 OF 2022         2

                             JUDGMENT

The petitioner seeks that respondents be directed to

complete proceedings pertaining to the transfer of Registry of

the property covered by Ext.P9 in her favour within a time frame

to be fixed by this Court.

2. However, the learned Senior Government Pleader -

Smt.K.Amminikutty, answered the afore submissions saying that

the property in question is covered by a Land Assignment 'Patta'

in favour of the petitioner's deceased mother and that she is

survived by other legal heirs also. She submitted that, therefore,

unless the petitioner produces a valid consent letter from all

other legal heirs of her mother, further proceedings as requested

cannot be completed. The learned Senior Government Pleader

then added that since no "Thandaper" Account has been assigned

with respect to the property in favour of the petitioner's mother,

liberty may be left to the competent Authority to consider such

also, following due procedure. She concluded by saying that

since the resurvey records show the property, or a portion

thereof, to be Government land, this may also be allowed to be

kept in mind by the competent Authority, while the afore exercise

is completed.

3. When I consider the afore submissions of the learned

Senior Government Pleader, it is evident that the petitioner's

application for transfer of Registry can be considered only if she

is able to obtain necessary consent or such other document from

the other legal heirs of her mother. Once such consent is

obtained and produced, the competent Authority must consider it

from the touchstone of all relevant and germane inputs, including

as to whether, in the resurvey, the property belongs to the

petitioner's mother or otherwise.

Resultantly, I order this writ petition to the limited extent of

leaving liberty to the petitioner to produce the consent of the

other legal heirs of her deceased mother before the 4 th

respondent - Tahsildar (LR); and if this is done within a period of

one month from the date of receipt of a copy of this judgment,

said Authority will consider the application and issue appropriate

orders thereon, after affording her an opportunity of being heard,

as expeditiously as is possible, but not later than three months

thereafter.

I also clarify that if, through the afore exercise, it is found

that any portion of the property claimed by the petitioner is

included as Government land in the resurvey records and if she

feels that this is in error, necessary liberties are reserved to her

and to the legal heirs of her mother - if they are so desirous, of

moving appropriate application for correction of the same, for

which purpose, all contentions are left open.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/28.5

APPENDIX OF WP(C) 16109/2022

PETITIONER EXHIBITS Exhibit P-1 TRUE PHOTOCOPY OF THE DEATH CERTIFICATE OF THIS PETITIONER'S PARENT KITTAPPAN.

Exhibit P-2 TRUE PHOTOCOPY OF THE DEATH CERTIFICATE OF THIS PETITIONER'S PARENT KALYANI.

Exhibit P-3 TRUE PHOTOCOPY OF THE PATTA ISSUED BY 3RD RESPONDENT VIDE REFERENCE NO LA 129/69 OF ERSTWHILE ELAMKUNNAPUZHA VILLAGE.

Exhibit P-4 TRUE PHOTOCOPY OF THE ENDORSEMENT MADE BY THE 5TH RESPONDENT DATED 18-03-19.

Exhibit P-5 TRUE PHOTOCOPY OF THE RECEIPT FOR PAYMENT OF FEE DATED 15-03-2019 TO OBTAIN FMB & BTR EXTRACTS.

Exhibit P-6 TRUE PHOTOCOPY OF THE RECEIPT FOR THE AMOUNT OF FEES OBTAINED BY THE PETITIONER TO EFFECT TRANSFER OF REGISTRY DATED 12- 06-19.

Exhibit P-7 TRUE PHOTOCOPY OF THE BASIC TAX REGISTER WHICH INCLUDE THE DETAILS OF PETITIONER'S PROPERTY.

Exhibit P-8 TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY THE 3RDRESPONDENT DATED 11-11-2019.

Exhibit P-9 TRUE PHOTOCOPY OF THE LETTER ISSUED BY 4TH RESPONDENT TO THE PETITIONER DATED 11-02- 2021.

Exhibit P-10 TRUE PHOTOCOPY OF THE IMPUGNED LETTER DATED 01-01-22 ISSUED BY 3RD RESPONDENT TO THE PETITIONER.