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High Court of KeralaWP(C)/30408/2015disposed of

George John (Mj George) v. Tahsildar

2015-10-07Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 7TH DAY OF OCTOBER 2015/15TH ASWINA, 1937 WP(C).No. 30408 of 2015 (A) ------------------------------------------ PETITIONER(S) :

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1. GEORGE JOHN (M.J.GEORGE), AGED 70 YEARS, S/O.VARKEY ULAHANNAN, MADATHINAKATHU HOUSE, PALAPPRA, PARATHODE, KOTTAYAM DISTRICT.

2. ANNAMMA GEORGE, W/O. GEORGE JOHN, MADATHINAKATHU HOUSE, PALAPPRA, PARATHODE, KOTTAYAM DISTRICT.

BY ADVS.SRI.LIJI.J.VADAKEDOM SMT.REXY ELIZABETH THOMAS SRI.RAJEEV JYOTHISH GEORGE RESPONDENT(S) :

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1. TAHSILDAR TALUK OFFICE, KANJIRAPPALLY, KOTTAYAM DISTRICT-686 507.

2. THE VILLAGE OFFICER, EDAKKUNNAM VILLAGE, EDAKKUNNAM P.O., KANJIRAPPALLY, KOTTAYAM DISTRICT-686 507.

BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 30408 of 2015 (A) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS :

---------------------------------------- EXHIBIT P1:

THE PHOTOCOPY OF THE CERTIFIED COPY OF THE SALE DEED NO.1254/1994 OF THE S.R.O. KANJIRAPPALLY.

EXHIBIT P2:

THE COPY OF THE RELEVANT EXTRACT OF THE MALAYALA MANORAMA DAILY DATED 06-03-2009 SHOWING THE PAPER PUBLICATION ADVERTISEMENT MADE BY THE 1ST PETITIONER. EXHIBIT P3:

THE COPY OF THE COMMUNICATION DATED 01-09-2015 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS.

RESPONDENT(S)' EXHIBITS :

------------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 30408 of 2015 ================== Dated this the 7th day of October, 2015

J U D G M E N T

The petitioners approached the Village Officer to effect transfer of registry. This was not considered by the Village Officer stating that the petitioners have not produced original title deeds. 2.

This Court is of the view that the Village Officer will place the matter before the Tahsildar and it is for the Tahsildar to take a decision. Therefore there shall be a direction to the first respondent/Tahsildar to take appropriate action after hearing the petitioners. Needful shall be done within a period of one month from the date of receipt of the copy of this judgment. It is not necessary that the petitioners should produce original of title deeds. It is sufficient that the petitioners satisfies that he has ownership or possesory right in terms of the transferee rules to effect transfer of registry.

The writ petition is disposed of, as above.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE