Janaki vs The Tahsildar (Revenue Records)
2023 Latest Caselaw 1287 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
    WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                       WP(C) NO. 41483 OF 2022


PETITIONER:

          JANAKI
          AGED 88 YEARS, D/O KUMBI
          OTTATHENGUMTHARA HOUSE,
          THALAYAZHAM P.O. VAIKOM,
          KOTTAYAM DISTRICT, PIN CODE- 686607

          BY ADV SMT.KAVERY S THAMPI



RESPONDENTS:

    1     THE TAHSILDAR (REVENUE RECORDS)
          VAIKOM TALUK OFFICE, VAIKOM,
          KOTTAYAM DISTRICT, PIN: 686141

    2     THE VILLAGE OFFICER
          THALAYAZHAMM VILLAGE OFFICE,
          ULLALA ROAD, THALAYAZHAM,
          VAIKOM, KOTTAYAM DISTRICT, PIN: 686607

          SMT. C. S. SHEEJA, SR.GOVT. PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 41483 OF 2022
                                      2



                                T.R. RAVI, J.
                 --------------------------------------------
                        W. P. (C). No. 41483 of 2022
                  --------------------------------------------
                  Dated this the 18th day of January, 2023

                                JUDGMENT

Admit. Government Pleader takes notice for the respondents.

2. The prayer in the writ petition is for a direction to the 1 st

respondent to effect transfer of registry of 13.76 Ares covered by

Document No.956/1099 of SRO, Vaikom as uncontested case under

Rule 10(1) of the Transfer of Registry Rules, 1966 and without

insisting for production of the document and to further effect

transfer of registry with respect to 11.23 Ares as uncontested case

under Rule 10(2) of the Transfer of Registry Rules 1966 read with

Rule 28 of the Transfer of Registry Rules, 1966. The title deed is of

the year 1924 and is stated to be irretrievably lost by the petitioner.

The above fact is also endorsed by the reports of the Revenue

Officers which say that it is not possible to retrieve the document as

it is damaged. The request of the petitioner was considered by the

Officers and recommended favourably after finding that the

petitioner was in possession of the entire extent. However, by

Ext.P11, the 1st respondent has informed the petitioner that further

action can be taken only after production of the title deed. As is WP(C) NO. 41483 OF 2022

obvious from the facts that have been pleaded and the findings that

have been recorded by the Revenue Officers, what has been

directed in Ext.P11 is impossible of compliance. The order Ext.P11

is, to say the least, unreasonable. The letter from the Sub Registrar

addressed to the 1st respondent itself shows that the document

cannot be retrieved even from the Office of the Registrar. It is also

evident from Ext.P6 report submitted by the Village Officer that the

petitioner has been in continued possession for several years and

tax is also being paid.

In the above circumstances, I find that the reasoning adopted

in Ext.P11 is not sustainable. The writ petition is hence allowed.

Ext.P11 is set aside. There will be a direction to the 1 st respondent

to effect transfer of registry with respect to 13.76 Ares covered by

Document No.956/1099 of SRO, Vaikom and 11.23 Ares in

possession of the petitioner along with the said 13.76 Ares of land

by treating the case as coming under the Rules 10(1) & 10(2) of the

Transfer of Registry Rules, 1966 read with Rule 28, at the earliest,

at any rate, within six weeks from the date of receipt of a certified

copy of this judgment. Sd/-

T.R. RAVI JUDGE Pn WP(C) NO. 41483 OF 2022

APPENDIX OF WP(C) 41483/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT ISSUED IN FAVOUR OF THE PETITIONER FROM THALAYAZHAM VILLAGE OFFICE DATED 25.11.2017

Exhibit P2 TRUE COPY OF THE CERTIFICATE DATED 9.01.2018 ISSUED TO RADHAKRISHNAN BY SUB REGISTRAR VAIKOM

Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER WITH THE 1ST RESPONDENT FOR EFFECTING TRANSFER OF REGISTRY DATED 28.06.2019

Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER WITH THE 1ST RESPONDENT ALONG WITH FORM 1A DATED 5.07.2019

Exhibit P5 TRUE COPY OF THE REPORT NO: 319/2019 SUBMITTED BY THE 2ND RESPONDENT WITH THE 1ST RESPONDENT DATED NOV 2019 OBTAINED UNDER THE RIGHT TO INFORMATION ACT 2005

Exhibit P6 TRUE COPY OF THE REPORT NO: 192/2020, SUBMITTED BY THE 2ND RESPONDENT WITH THE 1ST RESPONDENT DATED JUNE 2020 OBTAINED UNDER THE RIGHT TO INFORMATION ACT 2005.

Exhibit P7 TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P8 TRUE COPY OF THE COMMUNICATION ISSUED BY THE SUB REGISTRAR, VAIKOM TO THE 1ST RESPONDENT DATED 09.08.2021 OBTAINED UNDER THE RIGHT TO INFORMATION ACT, 2005

Exhibit P9 TRUE COPY OF THE LETTER SUBMITTED BY PETITIONER WITH THE 1ST RESPONDENT DATED 12.07.2021

Exhibit P10 TRUE COPY OF THE REPORT SUBMITTED BY THE WP(C) NO. 41483 OF 2022

TALUK SURVEYOR WITH THE 1ST RESPONDENT DATED 22.08.2022 OBTAINED UNDER THE RIGHT TO INFORMATION ACT 2005

Exhibit P11 TRUE COPY OF THE COMMUNICATION FORWARDED BY THE 1ST RESPONDENT TO THE PETITIONER DATED NIL AND OBTAINED UNDER THE RIGHT TO INFORMATION ACT, 2005