The court upheld the necessity for compliance with legal procedures in land registry transfers, emphasizing that administrative bodies must act on valid ownership claims supported by documentation.

JUDGMENT :

Muralee Krishna, J.

This writ petition is filed by the petitioner under Article 226 of the Constitution of India seeking a writ of mandamus commanding respondents 2 and 3 namely, the Tahsildar, Udumbanchola, and the Village Officer, Santhanpara of Idukki District, to effect the transfer of registry of the 1.29.5 Acres of land in survey No.101/1 of Santhanpara Village, give a separate thandaper account by making necessary entries in the records and accept the tax for the said property in the name of the petitioner within a time frame fixed by this Court.

2. Going by the averments in the writ petition, the great grandfather of the petitioner, namely, Alagari Naidu purchased 3.89 Acres of land in survey No.101/1 of Santhanpara Village from one Syed Rawther before the year 1950. By Ext.P1 family settlement deed No.2053 of 1957 of SRO, Kottayam, the said property was set apart to the share of petitioner’s grandfather A.A. Ayyali Naidu. Later, in Ext.P2 partition deed No.1140 of 1975 of SRO Udumbanchola, out of the 3.89 Acres, an extent of 1.29.25 acres of land with the building therein was set apart to the share of the petitioner's father A.A. Alagarsami. On the death of the father of the petitioner on 24.03.1999, the property devolved upon the petitioner, his mother and two sisters. The brother of the petitioner predeceased his father, unmarried and issueless. The mother and two sisters of the petitioner executed Ext.P3 release deed No.2425 of 2011 of SRO, Rajakumari, in favour of the petitioner, releasing their right over the property. After Ext.P2 partition deed, the co-owners, including the petitioner, were paying the tax and after Ext.P3 release deed, the petitioner alone paid basic tax to the property. Though the property was parted by Syed Rawther before 1950, and subsequent documents were executed as Exts. P1 to P3, no transfer of registry was effected by giving a separate survey sub-division and a separate Thandaper number to the property, and hence the tax was collected from the petitioner in the name of the original owner, Syed Rawther. Since no steps have been taken by the respondents under the provisions of the Transfer of Registry Rules 1966, the petitioner submitted Ext.P6 application dated 31.01.2024 to the Chief Minister of Kerala in his ‘Nava Kerala Yatra’ for effecting mutation in his name. Pursuant to Ext.P6, the 3^rd respondent Village Officer, Santhanpara, issued Ext.P7 letter dated 08.02.2024 to the petitioner asking him to produce the documents pertaining to the property. However, the respondents have not so far effected the mutation and gave a separate thandaper to the property. Hence, the petitioner approached this Court with the writ petition.

3. The 2^nd respondent Tahsildar, Udumbanchola filed a counter affidavit dated 02.12.2024, producing therewith Ext.R2(a) document. Paragraphs 2 to 5 of that counter affidavit read thus:

“2. It is submitted that the petitioner herein alleges to have obtained property having an extent of 1.29 Acres (0.5231 Hectare) of land comprised in Survey No.101/1 of Santhanpara Village, Udumbanchola Taluk from the legal heirs of late A.A. Alagar Sami by virtue of Release Deed Document No.2425/2011 of SRO Udumbanchola. The petitioner’s father late A.A. Alagar Sami is said to have obtained the property by virtue of partition Deed No.1145/1975. On verification of the Revenue Records, it is found that the said property is comprised in Survey No.101/1 having area of 0.7857 Hectare coming under the Thandaper No.297. A true copy of the relevant page of Thandaper account is produced herewith and marked as Ext.R2(a). But the Thandaper No.297 is in the name of one Periya Thuriyal Syed Rawther S/o. Periya Veeramava Rawther, Uthamapalayam.

3. It is subm