High Court of KeralaWP(C)/20501/2013disposed of

Densil Loppes v. Sub Registrar

2015-02-13Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 13TH DAY OF FEBRUARY 2015/24TH MAGHA, 1936 WP(C).No. 20501 of 2013 (K) ---------------------------- PETITIONER(S):

-------------- DENSIL LOPPES, S/O.PHILIPPAS @ PHELICKS LOPPAS, RESIDING AT PACKS VILLA, VELLAM KOLLI, KUNNATHIDAVAKA, CHUNDEL, VYTHIRI TALUK, WAYANAD DISTRICT.

BY ADV. SRI.P.K.RAMKUMAR.

RESPONDENT(S):

-------------

1. THE SUB REGISTRAR, VYTHIRI SUB REGISTRAR'S OFFICE, VYTHIRI, WAYANAD DISTRICT - 673 576.

2. THE DISTRICT REGISTRAR, DISTRICT REGISTRAR'S OFFICE, KALPETTA, WAYANAD DISTRICT-673 121.

3. THE INSPECTOR GENERAL OF REGISTRATION, THIRUVANANTHAPURAM - 695 001.

4. STATE OF KERALA, REP. BY SECRETARY TO THE GOVT. OF KERALA, DEPARTMENT OF REVENUE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001. BY SENIOR GOVERNMENT PLEADER SRI.JOSEPH GEORGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rvs.

WP(C).No. 20501 of 2013 (K) APPENDIX PETITIONER(S)' EXHIBITS :

------------------------ EXT.P1 - TRUE COPY OF THE PARTITION DEED NUMBERED 710 OF 2007 OF VYTHIRI SUB REGISTRAR'S OFFICE.

EXT.P2 - TRUE COPY OF THE ASSIGNMENT DEED NUMBERED 2702 OF 1974 OF VYTHIRI SUB REGISTRAR'S OFFICE.

EXT.P3 - TRUE COPY OF THE ASSIGNMENT DEED NUMBER 1464 OF 1969 OF VYTHIRI SUB REGISTRAR'S OFFICE.

EXT.P4 - TRUE COPY OF THE ASSIGNMENT DEED NUMBER 265 OF 1969 OF VYTHIRI SUB REGISTRAR'S OFFICE.

EXT.P5 - TRUE COPY OF THE CIRCULAR DATED 10/08/2012 AND GO(MS) 301/2012 RD DATED 7-8-2012.

EXT.P6 - TRUE COPY OF THE 3RD RESPONDENTS CIRCULAR DT.14-9-2012. EXT.P7 - TRUE COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER BEFORE 2ND RESPONDENT DT.18-7-12.

RESPONDENT(S)' EXHIBITS :

------------------------ NIL.

/TRUE COPY/ P.A.TO JUDGE RVS.

P.R. RAMACHANDRA MENON, J.

----------------------------------- W.P(C). No. 20501 of 2013 ------------------------------------------- Dated this the 13th day of February, 2015

J U D G M E N T

The petitioner has approached this Court with the following prayers:

"1.

To direct the first respondent to register the assignment deed concerning petitioners property to be produced by the petitioner along with the assignee by issuing appropriate writ order or direction.

To declare that the petitioner being the absolute owner of E schedule property in Exhibit P1 partition deed, he can sell the property to anybody and to get the sale deed registered at Vythiri sub registrars office." 2.

The learned counsel for the petitioner points out that, the matter is pending consideration before this Court from 19.08.2013 onwards and no statement/counter affidavit has been filed so far. It is also pointed out that, the grievance of the petitioner has already been projected before the 2nd respondent by way of Ext.P7 and seeks for a direction to the said respondent to have it considered and finalized within the shortest possible time.

Heard the learned Government Pleader as well.

WP(c). No.20501 of 2013 4.

After hearing both the sides, the writ petition is disposed of, directing the 2nd respondent to consider and pass appropriate orders on Ext.P7, after affording an opportunity of hearing to the petitioner and other interested parties, if any. It shall be done, as expeditiously as possible, at any any within 'six weeks' from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 2nd respondent for further steps.

Sd/- P.R. RAMACHANDRA MENON, JUDGE.