High Court of KeralaWP(C)/19881/2014disposed of

Devassykutty v. The Village Officer

2015-01-08Honourable 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 8TH DAY OF JANUARY 2015/18TH POUSHA, 1936 WP(C).No. 19881 of 2014 (I) ---------------------------- PETITIONER :

---------------------- DEVASSYKUTTY, AGED 46 S/O. KUTTIKADAN VAREETH, HOUSE NO. 11/373, KODAKARA THESSERI, MUKUNDAPURAM, THRISSUR -680 689 BY ADVS.SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.BENOJ C. AUGUSTIN SRI.SEBIN THOMAS SRI.PRATHAP PILLAI SMT.J.KASTHURI SRI.G.RAJESH (DIWAN) SRI.VIVEK V. KANNANKERI SRI.VISHNU BHUVANENDRAN RESPONDENT(S) :

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1. THE VILLAGE OFFICER MURIYAD VILLAGE, MUKUNDAPURAM, THRISSUR DISTRICT-680 689.

2. REVENUE DIVISIONAL OFFICER THRISSUR-680 003.

*ADDL. R3 IMPLEADED --------------------------------- *ADDL.R3. SHRI.RAJAN PANIKKAR S/O.KANDEDATH PAPPIYAMMA, MURIYAD VILLAGE MUKUNDAPURAM TALUK, MURIYAD.P.O. - 680 694.

*ADDL. R3 IS IMPLEADED AS PER ORDER DATED 21/08/2014 IN IA 10951/2014. R1 & R2 BY SR. GOVT. PLEADER SRI. JOSEPH GEORGE ADDL.R3 BY SENIOR ADVOCATE SRI.RENJITH THAMPAN BY ADV. SMT.P.R.REENA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 19881 of 2014 (I) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT-P1TRUE COPY OF THE SALE DEED DATED 09/12/2013 EXECUTED IN FAVOUR OF THE PETITIONER.

EXHIBIT-P2TRUE COPY OF THE LAND TAX RECEIPT DATED 29/07/2013. EXHIBIT-P3TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 12/12/2013. EXHIBIT-P4TRUE COPY OF THE O.S 4195/2013 BEFORE THE MUNSIFF'S COURT, IRINJALAKKUDA.

EXHIBIT-P5TRUE COPY OF THE PROCEEDINGS IN I.A 4830/2013 IN O.S 4195/2013 BEFORE THE MUNSIFF'S COURT, IRINJALAKUDA.

EXHIBIT-P6TRUE COPY OF THE PETITION, B2-7953/2014 DATED 29/05/2014 FILED BEFORE THE REVENUE DIVISIONAL OFFICER, THRISSUR. RESPONDENT(S)' EXHIBITS : NIL -------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

P.R. RAMACHANDRA MENON, J.

----------------------------------- W.P(C). No. 19881 of 2014 ------------------------------------------- Dated this the 8th day of January, 2015

J U D G M E N T

The petitioner has approached this Court seeking for a direction to be given to the concerned respondent to effect transfer of Registry within a time frame. The petitioner has already moved the 2nd respondent by way of Ext.P6, which has not turned to be fruitful and hence the writ petition. 2.

Heard the learned counsel for the petitioner, learned Government Pleader appearing for the respondents 1 and 2 and learned counsel appearing for the 3rd respondent. The case of the petitioner is that, he purchased the property having an extent of 5.41 Ares in Sy. No..380/3 of Muriyad Panchayath, Mukundapuram Taluk, Thrissur District, as borne by Ext.P1 'Sale Deed'. Ext.P2 is the 'tax receipt' dated 29.07.2013 issued in favour of the predecessor in title and Ext.P3 is the Encumbrance Certificate dated 12.12.2013. The petitioner has also brought on record that, the additional respondent had filed a Civil Suit as O.S. No.4195/2013 before the Munsiff's Court, Irinjalakkuda, in connection with some rights over a pathway and that no interim

WP(c). No.19881 of 2014 order of injunction in any manner has been issued against the petitioner herein or in connection with the relief sought for. 3.

In the said circumstances, the 1st respondent is directed to take further action pursuant to Ext.P6 in the application preferred by the petitioner for effecting mutation. It shall be done, in terms of the provisions of the 'Transfer of Registry Rules' and on satisfaction of all requirements in law, at the earliest, at any rate, within a period of 'six weeks' from the date of receipt of a copy of this judgment.

It is made clear that, the rights and liberties of the parties concerned over the property or the pathway will depend upon the outcome of the Civil suit, if any.

The writ petition is disposed of accordingly. The petitioner shall produce a copy of this judgment along with a copy of this writ petition before the concerned respondent for further steps. Sd/- P.R. RAMACHANDRA MENON, JUDGE.