Kerala High Court
Senthilkumar vs The Tahsildar on 29 May, 2025
WP(C) Nos.1526/2025
& 1358/2025 1 2025:KER:37985
N THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
THURSDAY, THE 29TH DAY OF MAY 2025 / 8TH JYAISHTA, 1947
WP(C) NO. 1526 OF 2025
PETITIONER:
NAGARAJ. R
AGED 44 YEARS
S/O. LATE RAMASWAMY GOUNDER, KOZHYPATHY VILLAGE,
MOONGILMADA KALAM, VANNAMADA P.O., CHITTUR TALUK,
PALAKKAD DISTRICT., PIN - 678555
BY ADVS.
SRI.P.R.VENKATESH
SMT.ASHA P.KURIAKOSE
SMT.LAKSHMI MEENAKSHI P.R.
RESPONDENTS:
1 ADDITIONAL TAHSILDAR (LR)
CHITTUR, PALAKKAD DISTRICT., PIN - 678101
2 VILLAGE OFFICER
KOZHIPATHY VILLAGE, VANNAMADA, CHITTUR TALUK, PALAKKAD
DISTRICT., PIN - 678555
BY ADV SMT.REMYA MURALI
OTHER PRESENT:
SRI.AJITH VISWANATHAN, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.05.2025, ALONG WITH WP(C).1358/2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.1526/2025
& 1358/2025 2 2025:KER:37985
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
THURSDAY, THE 29TH DAY OF MAY 2025 / 8TH JYAISHTA, 1947
WP(C) NO. 1358 OF 2025
PETITIONER:
SENTHILKUMAR
AGED 52 YEARS
S/O RAMASWAMI GOUNDER, RESIDING AT MOONGILMADA KALAM,
MOONGILMADA, GOPALAPURAM, CHITTUR TALUK, PALAKKAD
DISTRICT, PIN - 678555
BY ADV SMT.REMYA MURALI
RESPONDENTS:
1 THE TAHSILDAR
MINI CIVIL STATION, KACHERIMEDU, CHITTUR, PALAKKAD
DISTRICT, PIN - 678101
2 THE VILLAGE OFFICER
KOZHIPATHY VILLAGE, VANNAMADA, CHITTUR TALUK, PALAKKAD
DISTRICT, PIN - 678555
3 MOONGILMADA SERVICE CO-OPERATIVE BANK LTD. NO.R.4
MOONGILMADA, VANNAMADA.P.O., CHITTUR TALUK, PALAKKAD
DISTRICT, PIN - 678555
4 ANITHA NAGARAJ
D/O.SIVASWAMY GOUNDER, MOONGILMADA KALAM
VANNAMADA.P.O., CHITTUR TALUK, PALAKKAD DISTRICT,
PIN - 678555
BY ADVS.
SHRI.G.HARIHARAN
WP(C) Nos.1526/2025
& 1358/2025 3 2025:KER:37985
SRI.P.R.VENKATESH
SMT.ASHA P.KURIAKOSE
SMT.LAKSHMI MEENAKSHI P.R.
SRI.PRAVEEN.H.
SMT.K.S.SMITHA
SRI.V.R.SANJEEV KUMAR
SMT.AFNA V.P.
SRI.AJITH VISWANATHAN, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.05.2025, ALONG WITH WP(C).1526/2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.1526/2025
& 1358/2025 4 2025:KER:37985
JUDGMENT
[WP(C) Nos.1526/2025, 1358/2025]
The petitioners claim title on the basis of a
settlement deed. A compromise was entered into when the
matter was pending before this Court in R.F.A.No.222/2021.
Accordingly, a final decree was passed in FDIA No.338/2021
in OS No.744/1995 by the Additional Sub Court, Palakkad.
Now, the petitioners seek transfer of registry on the
strength of the final decree. The same is refused on
account of some discrepancy with respect to the extent.
2. Having heard the learned counsel for the
petitioners and the learned Government Pleader for the
respondents 1 and 2, there will be a direction to the
1strespondent to pass appropriate orders in accordance
with law, in Ext.P14 in WP(C) No.1526/2025 and Ext.P2 in
WP(C) No.1358/2025 applications preferred by the
petitioners seeking transfer of registry, expeditiously,
at any rate, within a period of two months from the date
of receipt of a copy of this judgment. In case, the said
application is to be refused, the petitioners be given
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an opportunity of being heard. The petitioners will
produce a copy of this judgment before the 1st
respondent, for necessary compliance.
These writ petitions are disposed of as above.
Sd/-
C. JAYACHANDRAN
JUDGE
ska
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APPENDIX OF WP(C) 1358/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT MADE IN RFA.NO.222/2021 ON 16.02.2023
Exhibit P2 A TRUE COPY OF THE REQUEST DATED 20.07.2024
SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT FOR EFFECTING MUTATION OF THE
PROPERTY IN THE NAME OF THE PETITIONER
Exhibit P3 . A TRUE COPY OF THE ENCUMBRANCE CERTIFICATE
DATED 10.06.2024 ISSUED BY THE SUB REGISTRAR,
KOZHINJAMPARA VIDE CERTIFICATE NO.3312/2024
RELATING TO THE PROPERTIES COMPRISED IN RE-
SURVEY NO.335/6 OF THE KOZHIPATHY VILLAGE
Exhibit P4 . A TRUE COPY OF THE ASSIGNMENT DEED DATED
30.10.2023 EXECUTED BY THE ADDITIONAL SUB
JUDGE. PALAKKAD IN CONNECTION WITH
Exhibit P5 A TRUE COPY OF THE DOCUMENT NO.511/2018 OF
SRO, KOZHINJAMPARA DATED 28.03.2018
RESPONDENT EXHIBITS
EXHIBIT R2(a) True Copy of the application dated
20.07.2024.
EXHIBIT R2(b) True Copy of the application submitted by
Sri. Nagaraj R dated 15.07.2024.
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APPENDIX OF WP(C) 1526/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 3.12.2015 IN
W.P.(C) NO. 31461/2015 OF THIS HON'BLE COURT
Exhibit P2 TRUE COPY OF THE ORDER DATED 26.7.2016 IN
CONT.CASE(C). NO. 593/2016 OF THIS HON'BLE
COURT
Exhibit P3 TRUE COPY OF THE TAX RECEIPT DATED 10.6.2016
Exhibit P4 TRUE COPY OF TANDAPER RECEIPT NO. 2289
Exhibit P5 TRUE COPY OF POSSESSION CERTIFICATE DATED
24.4.2018 IN THE NAME OF ANITHA
Exhibit P6 TRUE COPY OF POSSESSION CERTIFICATE DATED
13.1.2020
Exhibit P7 TRUE COPY OF TANDAPER ACCOUNTS OF THE PROPERTY
NOW HELD BY THE PETITIONER DATED 18.1.2020
Exhibit P8 TRUE COPY OF TANDAPER ACCOUNTS OF THE PROPERTY
NOW HELD BY THE PETITIONER DATED 18.1.2020
Exhibit P9 TRUE COPY OF TANDAPER ACCOUNTS OF THE PROPERTY
NOW HELD BY THE PETITIONER DATED 18.1.2020
Exhibit P10 TRUE COPY OF RECEIPT DATED 16.12.2019 IN FAVOUR
OF THE PETITIONER
Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 1.12.2021 IN
Exhibit P12 TRUE COPY OF THE COMPROMISE DECREE PASSED BY
THIS HON'BLE COURT DATED 16.2.2021 IN RFA NO.
Exhibit P13 TRUE COPY OF THE FINAL DECREE PASSED BY THE
ADDL SUB COURT, PALAKKAD IN FDIA NO. 338/2021
Exhibit P14 TRUE COPY OF THE REPRESENTATION SUBMITTED ON
15.7.2025 BEFORE THE VILLAGE OFFICER,
KOZHIPATHY VILLAGE
RESPONDENT EXHIBITS
EXHIBIT R2(a) True Copy of the application submitted by the
petitioner dated 15.07.2024.
EXHIBIT R2(b) True Copy of the application dated 20.07.2024.
