Vijayambika. S vs State Of Kerala
2023 Latest Caselaw 6053 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945
                      WP(C) NO. 32971 OF 2022
PETITIONER:

             VIJAYAMBIKA. S
             AGED 54 YEARS, W/O.SREERAJ,
             SOBHANA HOUSE, KIDAVATHUVILA,
             PALACHIRA P.O, VARKALA,
             THIRUVANANTHAPURAM., PIN - 695143
             BY ADVS.
             RAJ CAROLIN V.
             C.R.JAYAKUMAR
             NOBEL RAJU

RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY THE PRINCIPAL SECRETARY,
             REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
             TRIVANDRUM, PIN - 695001
     2       THE COMMISSIONER OF LAND REVENUE
             OFFICE OF THE COMMISSIONER OF LAND REVENUE,
             PUBLIC OFFICE BUILDING, MUSEUM ROAD,
             OPPOSITE ZOO, VIKHAS BHAVAN P.O,
             THIRUVANANTHAPURAM., PIN - 695033
     3       THE TAHSILDAR (LR)
             VARKALA TALUK OFFICE, COURT ROAD, VARKALA,
             THIRUVANANTHAPURAM, PIN - 695141
     4       THE VILLAGE OFFICER
             CHERUNNIYOOR VILLAGE OFFICE,
             CHERUNNIYOOR, THIRUVANTHAPURAM - 695142
             SRI RIYAL DEVASSY-GP



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   09.06.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No. 32971 of 2022
                                 :2:



                    DEVAN RAMACHANDRAN, J.
                =========================
                     W.P.(C).No. 32971 of 2022
               ==========================
                 Dated this the 9th day of June, 2023

                            JUDGMENT

The petitioner says that she has purchased some extent of

land from her husband, Sri.Sreeraj, through Ext.P1 settlement

deed, which has been registered without any impediment; but

that when she applied for Transfer of Registry of the same in

her name, it has been objected to by the competent Authority,

saying that there is revenue recovery action pending against her

husband and on the property in question.

2. The petitioner asserts that, even if the transfer of

Registry is offered in her favour, the property will remain

responsible for the revenue recovery action initiated against her

husband; and hence that this cannot be cited as an impediment

in transferring its registry in her favour.

3. Sri.Riyal Devassy - learned Government Pleader, in

response to the afore submissions of Sri.Raj Carolin V. - learned

counsel for the petitioner, submitted that the only concern of the

Authorities is that petitioner should not obtain an opportunity to

impel a contention that if the transfer of Registry has been made W.P.(C) No. 32971 of 2022

in her name, the property would not remain answerable to the

revenue recovery action against her husband. He submitted

that, if this Court is inclined to pass necessary clarificatory

directions, then action as requested by the petitioner can be

taken forward.

4. In reply, Sri.Raj Carolin V. - learned counsel for the

petitioner, submitted that, as has already been said above, his

client has purchased the property subject to the revenue

recovery action; and that, in any event, same is also under

challenge through other proceedings.

5. When I consider and evaluate the afore submissions, I

am of the firm opinion that the request of the petitioner for

transfer of Registry of the property in her name should be

considered, provided her undertaking - that said property will

remain answerable to any legally enforceable revenue recovery

action against her husband - is recorded.

Resultantly, this writ petition is allowed, recording the

afore undertaking of the petitioner and reiteratingly clarifying

that the property will remain fully charged to the revenue

recovery action initiated against the petitioner's husband,

subject to its validity being declared or otherwise, by competent W.P.(C) No. 32971 of 2022

forums; resultantly directing the 3rd respondent Tahsildar (LR)

to act upon the request of the petitioner for transfer of Registry

of the property in question in her favour, subject to all other

requirements being satisfied.

Sd/-

DEVAN RAMACHANDRAN JUDGE

anm W.P.(C) No. 32971 of 2022

APPENDIX OF WP(C) 32971/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE SETTLEMENT DEED NO.

1357/2018 DATED 20/11/2017.

Exhibit P2 A TRUE COPY OF THE REJECTION LETTER NO.

1023/17 DATED 16/12/2017 ISSUED BY THE 4TH RESPONDENT VILLAGE OFFICER, CHERUNNIYOOR VILLAGE OFFICE, VARKALA TALUK DATED 16/12/2017 Exhibit P3 TRUE COPY OF THE ORDER IN WP(C) 19978/2016 DATED 03/07/2020.

Exhibit P4 A TRUE COPY OF THE APPEAL SUBMITTED BEFORE THE THIRD RESPONDENT ON 15/02/2018.

Exhibit P5 A TRUE COPY OF THE JUDGMENT IN WP(C) NO.

20481 OF 2021 DATED 08/11/2021.

Exhibit P6 TRUE COPY OF THE REJECTION ORDER BEARING NO. K1-6448/18 DATED 04/03/2022 ISSUED BY THE THIRD RESPONDENT.

Exhibit P7 A TRUE COPY OF THE CIRCULAR BEARING NO.L.R.B3-32788/2019 DATED 31/01/2020.