Kerala High Court
Asha R vs The District Collector on 3 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
WP(C) NO. 2725 OF 2024
PETITIONER:
ASHA R.
AGED 66 YEARS
W/O SUDHAKARAN AGED 60 MAROTTICKAL HOUSE, IDUKKI
DISTRICT THEKKUPARA DESOM REPRESENTED BY HER POWER OF
ATTORNEY HOLDER SUDHAKARAN , S/O VELAYUDHAN ,CHENGAZATH
PURAYIDOM, AGALI DESOM, KARARA POST ATTAPADY, PALAKAKD
DISTRICT., PIN - 678581
BY ADV T.N.MANOJ
RESPONDENTS:
1 THE DISTRICT COLLECTOR
O/O THE DISTRICT COLLECTOR, COLLECTORATE, PALAKKAD.,
PIN - 678001
2 THE SUB COLLECTOR (RDO)
OFFICE OF THE SUB COLLECTOR, MINI CIVIL STATION
OTTAPALAM, PALAKKAD DISTRICT., PIN - 679101
3 THE VILLAGE OFFICER,
AGALY VILLAGE OFFICE MINI CIVIL STATION, P.O AGALY .,
PIN - 678581
4 THE TAHSILDHAR [LAND RECORDS]
ATTAPADY TALUK, MINI CIVIL STATION, P.O AGALY, PIN -
678581
5 THE TALUK SURVEYOR
O/O THE TALUK SURVEYOR, ATTAPADY TALUK, P.O AGALY .,
PIN - 678581
6 STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE,
2ND FLOOR NORTH BLOCK SECRETARIAT THIRUVANANTHAPURAM.,
PIN - 695004
BY GP - DEEPA V
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No. 2725 of 2024 :2:
VIJU ABRAHAM , J.
===========================
WP(C) No. 2725 of 2024
============================
Dated this the 3rd day of April, 2024
JUDGMENT
Petitioner has approached this Court seeking the following
reliefs.
"A. writ order or direction to the 5 th respondent to complete
the measurement of the properties covered by exhibit P1
title deed, identify the extend of properties held and
possesed by the petitioner, and to file a report before first
respondent with copy to respondents 2, 3 and 4.
B. Appropriate writ order or direction commanding the 1 st
respondent to pass orders confirming the assignment in
favour the petitioner with regard to the properties covered by
Exhibit P1 deed of assignment, and directing the 3 rd
respondent to make necessary corrections in the Thandaper
register maintained, as provided under the provisions of the
transfer of registry rules 1966.
C. Appropriate writ order or direction commanding
respondents 3 and 4 to effect mutation of the properties in
accordance with the provisions of the transfer registry rules
1966, and to receive property tax with regard to the
properties covered by exhibit P1 deed of assignment.
D. Such other writ order or direction that this honorable court
deem fit to grant in the course of the proceedings.
E. Issue appropriate order or direction exempting the
petitioner from producing the English translation of the
exhibits in Malayalam produced and marked along with the
writ petition."
2. Petitioner submits that she has purchased certain extent
of land as per Ext.P1. Thereafter Petitioner approached the office of
the respondents 3 and 4 to remit the property tax and to make
appropriate changes in the records as per the provisions of the
Transfer of Registry Rules, but there was no positive response from
the said respondents. Thereupon petitioner approached the Sub-
Collector, Ottappalam and based on the direction issued by the Sub-
Collector, Ottappalam, the Village Officer, Agali has filed Ext.P2
report which specifically states that 2.4282 hectares of land is in the
possession of the petitioner. Alleging inaction on the part of
respondents 2 and 3, petitioner preferred Ext.P3 complaint before
the 1st respondent which was forwarded to the 2 nd respondent for
appropriate action as evident from Ext.P4. Petitioner would submit
that nothing has transpired thereafter.
3. The learned Government Pleader upon instructions
submitted that now the matter is pending consideration before the
2nd respondent and appropriate decision on the same will be taken
without much delay.
4. Considering the facts and circumstances of the case,
there will be a direction to the 2 nd respondent to take appropriate
action on Ext.P3 application submitted by the petitioner in
accordance with law after affording an opportunity of being heard to
the petitioner, taking into consideration Ext.P2 report dated
17.02.2020 filed by the 3rd respondent. The proceedings shall be
finalised within an outer limit of two months from the date of receipt
of a copy of this judgment. Further proceedings in this regard shall
be taken as per the Transfer of Registry Rules subject to the outcome
of the decision to be taken by the 2nd respondent as directed above.
With the above said direction, the writ petition is disposed of.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
APPENDIX OF WP(C) 2725/2024
PETITIONER EXHIBITS
Exhibit.P1 THE TRUE COPY OF THE TITLE DEED NUMBER 839
OF 1996 OF AGALI SUB REGISTER OFFICE DATED
18 /5/ 1996
Exhibit.P2 THE TRUE COPY OF THE LEGIBLE HANDWRITTEN
COPY OF THE LETTER OF THE VILLAGE OFFICER
AGALY VILLAGE DATED 17/2/2020 ADDRESSING
THE TAHSILDHAR MANNARKAD TALUK
Exhibit.P3 THE TRUE COPY THE REPRESENTATION DATED 6/7
/2021 FILED BY THE PETITIONER BEFORE THE
DISTRICT COLLECTOR PALAKKAD.
Exhibit.P4 THE TRUE COPY OF THE RECEIPT ISSUED BY THE
CLERK ATTACHED TO THE OFFICE OF THE TRIBAL
TALUK OFFICE ATTAPADY REGION DATED 26
/11/2021 EVIDENCING THE RECEIPT OF THE
COMPLAINT FILED BY THE PETITIONER WHICH IS
NUMBERED AS APA 206 OF 2021,
Exhibit.P5 THE TRUE COPY OF THE LETTER DATED
24/12/2021 ISSUED BY THE DISTRICT
COLLECTOR PALAKKAD ADDRESSING THE SUB
COLLECTOR OTTAPPALAM.
Exhibit.P6 THE TRUE COPY OF THE COMPLAINT DATED
17/11/ 2022 FILED BY THE PETITIONER BEFORE
THE PUBLIC GRIEVANCE REDRESSAL ADALATH.
Exhibit.P7 TRUE COPY OF THE RECEIPT ISSUED FROM THE
OFFICE OF THE TALUK OFFICE ATTAPADI DATED
26/05/ 2023 EVIDENCING THE RECEIPT OF THE
COMPLAINT FILED BY THE PETITIONER
Exhibit.P8 THE TRUE COPY OF THE LAND TAX RECEIPT,
DATED 7/4/2015, EVIDENCING THE PAYMENT OF
TAX FOR THE YEAR 2015 ISSUED FROM THE
OFFICE OF THE AGALI VILLAGE OFFICE
