High Court of KeralaWP(C)/1824/2015disposed of

P.S.Mathew v. State Of Kerala

2015-11-09Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 9TH DAY OF NOVEMBER 2015/18TH KARTHIKA, 1937 WP(C).No. 1824 of 2015 (C) -------------------------------------- PETITIONER(S):

----------------------- P.S.MATHEW, S/O.CHERIAN, PANAPARAMBIL HOUSE, AREEPARAMBU P.O., MANARCADU VILLAGE, KOTTAYAM. BY ADV. SRI.P.I.GEORGEKUTTY RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, KOTTAYAM-686 002.

2. VILLAGE OFFICER, MANARCADU VILLAGE, KOTTAYAM DISTRICT PIN - 686 001.

3. THASILDAR KOTTAYAM TALUK OFFICE, KOTTAYAM -686 001.

BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 1824 of 2015 (C) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P-1: TRUE COPY OF THE SALE DEED REGISTERED AS NO.3152 OF 2013 OF THE ADDITIONAL SRO, KOTTAYAM.

EXT.P-2: TRUE COPY OF THE TAX PAYMENT RECEIPT FROM 2ND RESPONDENT FOR TANDAPER NO.14293 DATED 9.12.2013.

EXT.P-3: TRUE COPY OF THE LAWYER NOTICE TO THE RESPONDENTS DATED 23.10.2014.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.1824 of 2015 ****************************************************************************** Dated this the 9th day of November, 2015

JUDGMENT

The petitioner approached the Revenue Officials to effect transfer of registry based on Ext.P1 document. It appears that two of the executant of the documents are minors and they were represented by their mother. It is on account of this, the Revenue Officials refused to effect transfer of registry. This Court is of the view that the validity of the document cannot be questioned in the proceedings of transfer of registry. The transfer of registry is for fiscal purpose. In that view of the matter, the transfer of registry shall be effected based on Ext.P1 without any delay. However, this will not preclude anyone questioning the validity of the title deed, if it was vitiated on any reason under law. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln