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2024 Supreme(Online)(KER) 26157
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO.18579 OF 2024
PETITIONER :-
TWINKLE SETHUMADHAVAN, AGED 46 YEARS
W/O. SANJITH OTHAYATH, RESIDING AT KRISHNANJALI,
PATTENCHERRY LANE, PETTA, POONITHURA. P.O.,
DIST. ERNAKULAM, PIN - 682 038.
BY ADVS.
K.REGHU KOTTAPPURAM
R.MAHESH (KOTTAPPURAM)
MURUKESH REGHU
RESPONDENTS :-
THE VILLAGE OFFICER
CHINNAKKANAL VILLAGE, UDUMBANCHOLA TALUK,
CHINNAKKANAL. P.O., DIST. IDUKKI, PIN - 685 618
THE TAHASILDAR
UDUMBANCHOLATALUK, NEDUMKANDAM. P.O.,
DIST. IDUKKI., PIN - 685 553
THE REVENUE DIVISIONAL OFFICER
DEVIKULAM, DIST. IDUKKI., PIN - 685 613
THE DISTRICT COLLECTOR
IDUKKI DISTRICT, PAINAVU, KUYILIMALA,
IDUKKI, PIN - 685 603
THE SECRETARY TO GOVERNMENT
REVENUE DEPARTMENT, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM., PIN - 695 001
SRI.JAFFER KHAN P.P., SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.18579 OF 2024
K.REGHU KOTTAPPURAM,MR.MAHESH (KOTTAPPURAM),MURUKESH REGHU
The transfer of property registry is subject to the petitioner's valid title and any pending re-survey exercise.
Headnote:
Property Transfer - Land Registration - Act Sections 1, 2, 3
Fact of the Case:
The petitioner claims to have title over the property based on a sale deed and requests the transfer of registry. However, the transfer was declined stating that a re-survey exercise is pending.
Finding of the Court:
The court is of the view that if the petitioner's title is perfect, the transfer of registry shall be carried out, subject to any re-survey exercise to be done. Appropriate decision shall be taken after hearing the petitioner within three months.
Issues: Whether the petitioner is entitled to the transfer of registry of the property based on the sale deed.
Ratio Decidendi: The court will consider the transfer of registry if the petitioner's title is found to be perfect, subject to any re-survey exercise.
Final Decision: The writ petition is disposed of with the direction to the authorities to take appropriate decision within three months after hearing the petitioner.
Dated this the th day of May , 2024 A. Muhamed Mustaque, J. The petitioner claims that she has title over the property referred to in Ext.P1 based on the Sale Deed. She requested to effect transfer of Registry. According to the petitioner, this was declined stating that re-survey exercise is pending.
2.we are of the view that if the petitioner's title is perfect, the tranfer of registy shall be carried out, on being satisfied that the petitioner is having title and possession of the land covered by ext.p1. however, this will be subject to any re-survey exercise to be done. appropriate decision shall be taken, after hearing the petitioner, within a period of three months from the date of receipt of a copy of this judgment. this writ petition is disposed of as above.
- A. MUHAMED MUSTAQUE JUDGE Sd/-
- S. MANU JUDGE Jvt/28.5.2023 WP(C) NO.18579 OF 2024 APPENDIX OF WP(C) 18579/2024 PETITIONER EXHIBITS :-
- Exhibit P1A PHOTOCOPY OF SALE DEED NO. 2346/06 DATED 28-10-
