High Court of KeralaWP(C)/36917/2015disposed of

Edavana Kamala v. State Of Kerala

2015-12-07Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 7TH DAY OF DECEMBER 2015/16TH AGRAHAYANA, 1937 WP(C).No. 36917 of 2015 (L) ---------------------------- PETITIONER(S):

-------------------------- EDAVANA KAMALA W.O.NARAYANAN, AGED 85 YEARS RESIDING AT OTATHIL HOUSE, PALERI, P.O.MAMBA, KANNUR DISTRICT, PIN-670 611 BY ADV. SRI.R.SURENDRAN RESPONDENT(S):

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

1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695 001

2. THE TAHSILDAR,KANNUR TALUK, KANUR, KANNUR DISTRICT-670 002

3. THE VILLAGE OFFICER, ANJARAKANDY VILLAGE OFFICE, KAVINMOOLA, P.O.MAMBA KANNUR TALUK, KANNUR DISTRICT-670 611 BY SRI C.K.SHERIN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 36917 of 2015 (L) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

COPY OF FINAL DECREE DATED 25.1.2010 IN OS.NO.5 OF 1985 OF MUNSIFF'S COURT, THALASSERY EXT.P2:

COPY OF FINAL JUDGMENT DATED 25.1.2010 IN OS.NO.5 OF 1985 OF MUNSIFF COURT, THALASSRY.

EXT.P3:

COPY OF AMIN WARRANT DATED 17.3.2011 ISSUED BY THE MUNSIFF COURT, THALASSRY, IN E.P.NO.4 OF 2011 IN OS.NO.5 OF 1985 AND THE ENDORSEMENT OF DELIVERY REPORT DATED 22.3.2011, ISSUED BY COURT AMIN EXT.P4:

COPY OF DELIVERY ACCOUNT DATED 19.03.2011, SUBMITTED BY THE AMIN OF THE COURT IN E.P.NO.4 OF 2011 IN OS.NO.5 OF 1985 IN MUNSIFF COURT, THALASSRY EXT.P5:

COPY OF APPLICATION DATED 18.08.2015 AND SENT TO THE THIRD RESPONDENT BY REGISTERED POST ON 25.08.2015 EXT.P6:

COPY OF POSTAL ACKNOWLEDGMENT SIGNED BY THE THIRD RESPONDENT ON 26.08.2015.

EXT.P7:

COPY OF APPLICATION DATED 25.08.2015 FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT RESPONDENT(S)' EXHIBITS: N I L --------------------------------------- //TRUE COPY// P.A. TO JUDGE JV

A. MUHAMED MUSTAQUE, J --------------------------------------------------------- W.P.(C).No. 36917 of 2015 --------------------------------------------------------- Dated this the 07th day of December, 2015

JUDGMENT

The petitioner claims that pursuant to final decree through execution proceedings thereon. She has become the absolute owner in possession of the property referred in Ext.P5 application. The petitioner submits that the Revenue Officials refused to act upon the request to effect the transfer of registry.

2. This Court is of the view that if the petitioner produces a final decree and records relating to the delivery necessarily based on the above, transfer of registry shall be effected without any delay, at any rate, within one month of production of such document.

The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE JUDGE bpr