Citation : 2025 Latest Caselaw 11824 Ker
Judgement Date : 2 December, 2025
W.P.(C).No.36185 of 2025
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2025:KER:92954
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 2ND DAY OF DECEMBER 2025 / 11TH AGRAHAYANA,
1947
WP(C) NO. 36185 OF 2024
PETITIONER:
THAZHE VEETTIL RAJAN,
AGED 54 YEARS,
S/O AMBU, PAPPADICHAL, PURAKKUNNU P.O.,
PAYYANUR, KANNUR, PIN - 670306.
BY ADVS.
SRI.MAHESH V RAMAKRISHNAN
SHRI.PRAVEEN K.S.
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
CIVIL STATION, KANNUR, PIN - 670002.
2 REVENUE DIVISIONAL OFFICER,
TALIPARAMBA, P.O.TALIPARAMBA,
KANNUR, PIN - 670141.
3 THE TAHSILDAR,
LAND RECORDS, TALUK OFFICE,
PAYYANUR -, PIN - 670307.
4 THE VILLAGE OFFICER,
ERAMAM P.O, KANNUR, PIN - 670306.
5 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT REVENUE
DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM , PIN - 695001.
W.P.(C).No.36185 of 2025
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6 PUTHIYAPURAYIL CHANDRAN,
S/O KRISHNAN, PUTHIYAPURAYIL HOUSE, RAMAPURAM,
ERAMAM P.O., PURAKKUNNU, PAYYANUR,
KANNUR, PIN - 670306.
BY ADVS.
SHRI.M.V.AMARESAN
SRI.S.S.ARAVIND
OTHER PRESENT:
SMT.DEEPA NARAYANAN, SR. GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
02.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.36185 of 2025
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JUDGMENT
By virtue of Ext.P10 Order, petitioner's application for
effecting transfer of registry based on an unregistered
will, has been rejected by the 3rd respondent/Tahsildar.
Challenging Ext.P10, the petitioner preferred Ext.P14
statutory appeal dated 26.06.2025, before the 2nd
respondent/R.D.O. The petitioner seeks the same to be
disposed of expeditiously. A third party has sought for
impleadment by filing I.A.No.1/2024, pointing out that he
has objection with respect to the transfer of registry
sought for by the petitioner. According to him, Ext.P1 will
is a fabricated document, and that the intention of the
petitioner is to conduct massive quarrying in the subject
6.50 acres of land.
2. Having heard the learned counsel for the respective
parties, this Court is of the opinion that the impleading
petitioner can be permitted to raise his objection before
the statutory appellate authority. Reserving that right, the
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impleading petition is not allowed.
3. In the above referred circumstances, there will be a
direction to the 2nd respondent/R.D.O. to consider Ext.P14
appeal, in accordance with law, expeditiously, at any rate,
within a period of two months from the date of receipt of a
copy of this judgment. The petitioner will produce a copy of
this judgment before the 2nd respondent/R.D.O. for
compliance. Needless to say that, an opportunity of being
heard shall be afforded to the petitioner, the impleading
petitioner, by name Puthiyapurayil Ajesh Kumar, as also, any
other affected party, before taking a call in Ext.P14
appeal.
The Writ Petition (Civil) will stand disposed of, as above.
Sd/-
C. JAYACHANDRAN, JUDGE ak
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APPENDIX OF WP(C) NO. 36185 OF 2024
PETITIONER'S EXHIBITS:-
Exhibit P1 TRUE COPY OF THE WILL DATED 19-01-1989 EXECUTED BY PETITIONER'S FATHER, LATE AMBU.
Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 02-11- 2021 IN W.P.(C) NO.20242 OF 2020 OF THIS HON'BLE COURT.
Exhibit P3 TRUE COPY OF THE ORDER DATED 06-07-2022 IN C.O.C. NO.668 OF 2022 OF THIS HON'BLE COURT.
Exhibit P4 TRUE COPY OF THE ORDER NO.RDOTLB/4021/2023-E1 DATED 02-03-2024 ISSUED BY THE 2ND RESPONDENT. Exhibit P5 TRUE COPY OF THE REQUEST DATED 14-03- 2024 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 12-06- 2024 IN W.P.(C) NO. 20949 OF 2024 OF THIS HON'BLE COURT.
Exhibit P7 TRUE COPY OF THE PURAPPAD RECEIPT (LEASE RENT RECEIPT) DATED 30TH MAKARAM 1136-37 (MALAYALAM ERA) ISSUED BY THE JENMI OF THE PROPERTY TO LATE AMBU.
Exhibit P8 TRUE COPY OF THE PURAPPAD RECEIPT (LEASE RENT RECEIPT) DATED 20TH MAKARAM 1138-39 (MALAYALAM ERA) ISSUED BY THE JENMI OF THE PROPERTY TO LATE AMBU.
Exhibit P9 TRUE COPY OF THE LAND TAX RECEIPT DATED 04-11-1975 ISSUED BY THE GOVERNMENT AND THE 4TH RESPONDENT.
Exhibit P10 TRUE COPY OF THE ORDER NO.TOPNR/4111/2023-F2 DATED 26-07-2024 ISSUED BY THE 3RD RESPONDENT. Exhibit P11 TRUE COPY OF THE STATEMENT DATED NIL OF THE PETITIONER RECORDED BY THE 4TH RESPONDENT (AND OBTAINED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT) ALONG WITH TYPED COPY. Exhibit P12 TRUE COPY OF THE STATEMENT OF THE ATTESTING WITNESS E.AMBUKUNHI RECORDED BY THE 4TH RESPONDENT (AND OBTAINED
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UNDER THE RIGHT TO INFORMATION ACT) ALONG WITH TYPED COPY.
Exhibit P13 TRUE COPY OF THE AFFIDAVIT DATED 18-02- 2020 SWORN TO BY JANAKI AND OTHERS AND ATTESTED BY A NOTARY PUBLIC. Exhibit P14 TRUE COPY OF THE APPEAL PETITION DATED 26-06-2025 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P15 TRUE COPY OF THE NOTICE DATED 15-07-2025 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
RESPONDENTS ANNEXURES:-
Annexure -1 A TRUE COPY OF THE DECREE AND JUDGMENT PASSED IN O.S. NO. 197/18 PASSED BY THE MUNSIFF COURT, PAYYANNUR DATED 16-1- 2020.
Annexure -2 TRUE COPY OF THE DECREE AND JUDGMENT IN O.S. NO. 171/19 DATED 20-12-2019 PASSED BY MUNSIFF COURT,PAYYANNUR.
Annexure -3 TRUE COPY OF JUDGMENT DATED 2-11-2021 IN W.P(C) NO. 20242/2020 PASSED BY THIS HON'BLE COURT.
Annexure-4 TRUE COPY OF COMPLAINT DATED 5-08-2024 FILED BY THE PETITIONER IN RESPECT BEFORE THE HON'BLE MINISTER FOR REVENUE. Annexure-5 TRUE COPY OF LETTER DATED 10-09-2024 ISSUED BY 4TH RESPONDENT.
Annexure-6 TRUE COPY OF COMPLAINT DATED 4-10-2024 SUBMITTED BY THE PETITIONER BEFORE SUPERINTENDENT OF POLICE, KANNUR.
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