Yasir M.S vs The District Collector
2023 Latest Caselaw 7915 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
                        WP(C) NO. 16697 OF 2023
PETITIONER/S:

          YASIR M.S.
          AGED 36 YEARS
          S/O SUBAIR, MADAMTHOTTU, NADAKKAL P O, ERATTUPETTA,
          KOTTAYAM, MEENACHAL, KERALA, PIN - 686121
          BY ADVS.
          ALEX.M.SCARIA
          BEAS K. PONNAPPAN
          A.J.RIYAS
          SARITHA THOMAS
          ALEN J. CHERUVIL
          SAHL ABDUL KADER


RESPONDENT/S:

    1     THE DISTRICT COLLECTOR
          COLLECTORATE, KUYILMALA, PAINAV P.O.,
          IDUKKI, PIN - 685603
    2     THE TAHSILDAR
          TALUK OFFICE, PEERMADE, PEERMADEROAD,
          AZHUTHA, IDUKKI, PIN - 685531
    3     THE VILLAGE OFFICER
          VAGAMON VILLAGE, PULLIKKANAM, ELAPPARA ROAD, VAGAMON,
          IDUKKI, PIN - 685503
          SMT. PREETHA K.K., SR. GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16697 OF 2023             2



                                JUDGMENT

The petitioner has approached this Court, being aggrieved

by the fact that respondent No.2 and 3 are not effecting

transfer of registry with respect to 5.06 Ares of land belonging

to the petitioner, comprised in Survey Number 724 of Vagamon

Village, which the petitioner purchased through Ext.P1 sale

deed at S.R.O., Peerumedu registered on 25.05.2022.

According to the petitioner, there is absolutely no rhyme or

reason to deny transfer of registry to the petitioner. The

learned counsel for the petitioner also makes reference to the

judgment of this Court in W.P.(C.) Nos.16509 of 2022 (Ext.P7),

where in respect of the land comprised in the very same survey

number, this Court had directed to effect transfer of registry.

2. The learned Government Pleader submits that the land

[covered by Survey Number 724 of Vagamon Village] was the

property which is shown as 'assigned' in terms of a patta

issued in the year 1992. It is submitted that the extent of land

in Survey Number 724 of Vagamon Village is very large and a

Vigilance enquiry is progressing regarding the genuineness of

the patta. It is submitted that the transfer of registry was

denied only on account of the fact that the Vigilance enquiry

was pending.

3. Having heard the learned counsel appearing for the

petitioner and the learned Senior Government Pleader

appearing for the respondents, I am of the view that the claim

of the petitioner is squarely covered in favour of the petitioner

by Ext.P7 judgment of this Court. In respect of other parcels of

land comprised in the very same survey number, this Court has

directed that transfer of registry be effected, making it clear

that this shall not affect any proceedings initiated by the

Government to determine the genuineness of the patta under

which the lands were originally assigned.

In that view of the matter, this writ petition is also allowed

and the 3rd respondent is directed effect transfer of registry in

respect of the property obtained by the petitioner through

Ext.P1. However, it is made clear that the transfer of registry

will not in any manner prejudice any right of the Government to

proceed either with the Vigilance enquiry or with any

proceedings based on the findings in the said Vigilance enquiry .

Sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF WP(C) 16697/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED BEARING NO.

1918/2022 DATED 25/05/2022 OF THE 1ST PETITIONER.

Exhibit P2 TRUE COPY OF THE SALE DEED BEARING NO.

2475/2008 DATED 17/07/2008 OF SRI. AHAMMAD MUHAMMED SADIQUE.

Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT 28/12/2021 ISSUED BY VAGAMON VILLAGE OFFICE.

Exhibit P4 TRUE COPY OF THE RECEIPT DATED 22/12/2022 ISSUED BY TALUK OFFICE, PEERMADE.

Exhibit P5 TRUE COPY OF THE RTI APPLICATION DATED 29/07/2022 Exhibit P6 TRUE COPY OF THE REPLY DATED 19/08/2022 ISSUED BY THE VILLAGE OFFICER, VAGAMON VILLAGE.

Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 07/06/2022 IN W.P.C. NO. 16509 OF 2022 OF THIS HON'BLE COURT.