Authorities cannot verify property title derivation when processing registry mutations, emphasizing procedural integrity in land transactions.

JUDGMENT

The petitioners 2 and 3 are the wife and son, respectively, of the 1st petitioner. They state that the 1st petitioner was paying land tax for 7.06 Acres of land in TP No.802, the 2nd petitioner for 2.10 Acres in TP No.569, and the 3rd petitioner for 6.81 Acres in TP No.4170, comprised in Survey Nos.910/1A, 910/1B and 843/1 of Perunadu Village in Ranni Taluk, until 2017.

2. According to the petitioners, late Perumal Pillai, the grandfather of the 1st petitioner was the original title holder of large extent of properties including the properties mentioned above. His properties were mutated as per TP No. 1598 of Ranni Village and its details were entered in the Settlement Register of erstwhile Thiruvathancode State, the relevant extract whereof is produced as Ext.P1. As per the Settlement Deed No. 3663 of 1950 of Ranni SRO, Perumal Pillai settled the above properties in the name of the 1st petitioner and other grandchildren. The petitioners state that the they are in possession and ownership of the said properties and other properties obtained subsequently under the said Settlement Deed, and they were paying land tax in respect of these properties until 2017, as already narrated. The 3rd petitioner was paying land tax in respect of the property conveyed to him by the 1st petitioner from among the said properties.

3. While so, the petitioners sold certain extent of properties from the said extent of land to 25 different persons. The said purchasers applied for transfer of registry with regard to their respective properties. Though transfer of registry in respect of seven purchasers was allowed, the applications of eighteen purchasers were not acted upon. Since no action was taken on those applications, W.P.(C) No.22316 of 2017 was filed before this Court for direction to effect mutation. The said writ petition was disposed of with a direction to the 3rd respondent Tahsildar to take a decision on the application for mutation. However, the 3rd respondent, rejected the application for mutation by order No.G2-6910/17 dated 17.11.2017 on the ground that particulars of prior title are not mentioned in Settlement Deed No. 3663 of 1950 of Ranni SRO. The said order of the Tahsildar (LR) was challenged before this Court in W.P.(C) No.2780 of 2018 and this Court by Ext.P3 judgment quashed the aforesaid proceedings and directed the 3rd respondent to reconsider the matter after giving opportunity to the petitioners to produce documents available with them. However, the 3rd respondent, by Ext.P4, again rejected the application on the ground that, apart from the Settlement Register, no valid document, as a prior document to the Settlement Deed No. 3663 of 1950 of Ranni SRO, was produced.

4. Ext.P4 was challenged before the 2nd respondent, the Revenue Divisional Officer, in appeal under Rule 81(i) of the Transfer of Registry Rules, 1966. The Revenue Divisional Officer, by Ext.P5 dismissed the appeal. Challenging Ext.P5, a revision petition was filed before the 1st respondent, the District Collector. The District Collector called for report from the Survey Department detailing the nature of properties held by the petitioners after Survey measurement. Exts.P9 and P10 are the reports. The District Collector, dismissed the revision petition by Ext.P11 order stating that the petitioners have not produced any valid document as a prior document to Settlement Deed No. 3663 of 1950 of Ranni SRO. The 1st respondent also directed the 3rd respondent to verify the legality of the acceptance of land tax in the year 2017. Challenging Exts.P4, P5 and P11 orders, this writ petition is filed.

5. A counter affidavit has been filed by the first respondent reiterating the findings in Ext.P11 order and stating that it is not clear on the basis of which document the property was acquired by the petitioners. It is stated that apart from the copy of the Settlement Register, the petitioners have not produced any valid document as a prior document to Settlement Dee