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2022 Supreme(Online)(KER) 54130

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 25TH DAY OF MAY 2022 / 4TH JYAISHTA, 1944 WP(C) NO. 12732 OF 2022 PETITIONER/S:

ANTHONY AGED 46 YEARS S/O. SATHYANATHAN, VELLAKKALLIL HOUSE, CHINNAKKANAL, SOORYANELLY P.O, IDUKKI DISTRICT.

BY ADV GEORGE ABRAHAM RESPONDENT/S:

1 THE DISTRICT COLLECTOR CIVIL STATION, IDUKKI - 685602.

2 REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, DEVIKULAM, IDUKKI - 685613.

3 TAHSILDAR, UDUMBANCHOLA TALUK, IDUKKI DISTRICT - 685554.

4 VILLAGE OFFICER, CHINNAKKANAL VILLAGE, (VIA), UDUMBANCHOLA, IDUKKI DISTRICT -

685554.

OTHER PRESENT:

SMT MABLE C KURIAN - SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

The petitioner says that he purchased 5 cents of land through Ext.P1 title deed, but that it has now been informed to him that there is an error in the survey number recorded therein. He adds that he has also purchased another extent of land, for which, he has obtained 'Patta' and that he has paid land tax on it. He says that, he, therefore, preferred an application for transfer of Registry of the properties covered by Exts.P1 and P2 in his favour, but that it has not been acted upon until now; and thus prays that competent Authority be directed to do so, within a time frame to be fixed by this Court.

2. Sri.Joby Daniel Joseph – learned counsel for the petitioner, further explained that his client is in financial crisis and requires to garner resources by sale of the properties. He submitted that, therefore, any further delay in the respondents acceding to the transfer of Registry of the properties as requested by him would put him to extreme prejudice.

3. Smt.Mable C. Kurian – the learned Senior Government Pleader, in response, submitted that as is also admitted by the petitioner, the survey number of the property covered by Ext.P1 appears to be in error. She added that, necessary enquiry in this regard has already been initiated and that the 3rd respondent –

Tahsildar will be able to consider the petitioner's application for transfer of Registry in his favour only after the said process is completed. She, therefore, prayed that sufficient time be granted to the official respondents.

4. It is without doubt, when I evaluate the afore submissions, that the petitioner's title over the property covered by Ext.P1 is not in dispute.

5. However, there appears to be a factual incongruity relating to the survey number and the learned Senior Government Pleader, as seen above, states that enquiry has already been initiated.

6. I am, therefore, of the firm view that such enquiry should be completed within a time frame, so that the petitioner's application can be disposed of without any further delay.

Resultantly, I order this writ petition to the limited extent of directing the 2nd respondent – Revenue Divisional Officer, or such other competent Authority, to complete the enquiry which is stated to have been initiated with respect to the survey number of the property covered by Ext.P1 and/or Ext.P2; and to complete proceedings thereon, as expeditiously as is possible but not later than two months from the date of receipt of a copy of this judgment.

On the afore enquiry being completed and the resultant order settled, the petitioner's application for transfer of Registry of the property covered by Exts.P1 and P2 in his favour will be considered, after affording him an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible but not later than two months thereafter.

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