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High Court of KeralaWP(C)/30066/2015disposed of

Sudha v. Village Officer

2015-10-05Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 5TH DAY OF OCTOBER 2015/13TH ASWINA, 1937 WP(C).No. 30066 of 2015 (G) ---------------------------- PETITIONER :

-------------------- SUDHA, AGED 59 YEARS D/O.SAROJINI AMMA, PADINJATTA KOLLAYKAL HOUSE EAST PAMBADI P.O., TALAPPILLY TALUK THRISSUR DISTRICT.

BY SENIOR ADVOCATE SRI.RENJITH THAMPAN BY ADV. SMT.P.R.REENA RESPONDENT(S) :

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

1. VILLAGE OFFICER PAMBADI VILLAGE, THIRUVILWAMALA P.O.

THRISSUR DISTRICT, PIN-680 588.

2. TAHSILDAR TALAPPILLY TALUK, VADAKKANCHERY THRISSUR DISTRICT, PIN-680 582.

R1 & R2 BY GOVT. PLEADER SRI. BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 30066 of 2015 (G) ----------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1TRUE COPY OF THE PRELIMINARY DECREE DATED 21.12.1996 OF MUNSIFF COURT, WADAKKANCHERY IN OS NO.277/94. EXT. P2TRUE COPY OF COMMISSION REPORT AND PLAN IN OS NO.277/94 DATED 02.02.2000.

EXT. P3TRUE COPY OF THE FINAL DECREE OF THE MUNSIFF COURT, WADAKKANCHERY IN OS.NO.277/1994 DATED 22.02.2000. EXT. P4TRUE COPY OF STAMP PAPER ENGROSSED FINAL DECREE IN OS.NO.277/1994 OF MUNSIFF COURT, VADAKKANCHERY DATED 22.02.2000 WITHOUT EXT. C1 AND C2.

EXT. P5TRUE COPY OF THE APPLICATION DATED 02.09.2015 FILED BY THE PETITIONER WITHOUT ENCLOSURE.

RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 30066 of 2015 ================== Dated this the 5th day of October, 2015

J U D G M E N T

The petitioner based on Ext.P3 final decree has approached the revenue officials to effect transfer of registry. The petitioner submits that he is in possession of the plot allotted to him as per the final decree. However the petitioner admits that he has not obtained delivery through the Execution Court.

2.

The petitioner submits that since he is in possession of the plot allotted to him as per the final decree, transfer of registry shall be effected in his favour.

3.

This Court is of the view that the revenue officials shall conduct an enquiry to find out whether the plot earmarked in the final decree belongs to the petitioner or not. If the plot alloted to the petitioner is in possession of the petitioner based on the final decree, necessarily the transfer of registry shall be effected in favour of the petitioner within two months from the date of receipt of the copy of this judgment.

The writ petition is disposed of, as above.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE

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