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High Court of KeralaWP(C)/12001/2015disposed of

L.Venkatapathy v. The Revenue Divisional Officer, Ottapalam

2015-04-09Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 9TH DAY OF APRIL 2015/19TH CHAITHRA, 1937 WP(C).No.12001 of 2015 (A) --------------------------------------- PETITIONER:

------------------- L.VENKATAPATHY,AGED 84 YEARS, S/O.LINGUSWAMY NAIDU,VINCENT COLONY, R.S.PURAM,COIMBATORE-641002.

BY ADV.SRI.U.BALAGANGADHARAN RESPONDENT'S:

------------------------- 1.

THE REVENUE DIVISIONAL OFFICER, OTTAPALAM-679101.

2.

THE VILLAGE OFFICER,KOTTATHARA VILLAGE, AGALI,ATTAPADI,PALAKKAD-678581.

3.

THE SUB REGISTRAR OFFICE,AGALI-678581.

R1 TO R3 BY SENIOR GOVT. PLEADER SRI.K.C.VINCENT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

pk

W.P(C) NO.12001/2015 APPENDIX PETITIONER'S EXHIBITS:

EXT.P1:A TRUE COPY OF THE DOCUMENT NO.1625/2006 DATED 23.11.2006. EXT.P2:A TRUE COPY OF THE BASIC TAX RECEIPT DATED 9.10.2013 ISSUED BY 2ND RESPONDENT.

EXT.P3:A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 9.10.2013 ISSUED BY 2ND RESPONDENT.

EXT.P4:A TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER DATED 25.3.2015 TO 1ST RESPONDENT.

RESPONDENT'S EXHIBITS:

NIL //TRUE COPY// P.S. TO JUDGE pk

P.R. RAMACHANDRA MENON, J.

.............................................................................. W.P.(C)No.12001 OF 2015 ......................................................................... Dated this the 9th April, 2015

J U D G M E N T

Refusal on the part of the third respondent/Sub Registrar for causing registration of conveyance of the property owned by the petitioner in connection with alienation, insisting to produce verified certificate to be obtained from the RDO, made the petitioner to approach the first respondent/RDO by filing Ext.P4 representation. The petitioner is aggrieved of the delay on the part of the first respondent in considering the said representation. Hence this Writ Petition.

2. The case of the petitioner is that the provisions of Kerala Restriction on Transfer and Restoration of Lands to Scheduled Tribe Act, 1999 are not applicable to the property of the petitioner since its extent is below two hectors. When the matter is taken up for consideration, the learned Counsel for the petitioner submits that the petitioner will be satisfied if a direction is given to the first respondent/RDO to consider and dispose of Ext.P4, within a reasonable time.

3. Heard the learned Government Pleader as well.

4. Considering the limited nature of relief pressed before

W.P.(C)No.12001 OF 2015 this Court, it is not necessary to adjudicate the issue on merits.

5. The writ petition is disposed of, directing the first respondent/RDO to consider and dispose of Ext.P4 in accordance with law, after hearing, at the earliest, at any rate, within one month from the date of receipt of a copy of the judgment. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the first respondent for further steps,.

P.R.RAMACHANDRA MENON JUDGE lk