JUDGMENT

The petitioner, who is stated to be the Director of a ‘Religious Entity’, has approached this Court seeking that further action pursuant to Ext.P9 communication of the 1st respondent - Tahsildar to the 2nd respondent – Village Officer, be directed to be completed without any further delay.

2. The petitioner says that even though the property involved in this case is exclusively owned and possessed by the ‘Religious Entity’ he represents, no action has been taken on the application for transfer of its Registry in their favour and for remittance of Land Tax thereon, though the said application has been forwarded by the Tahsildar to the Village Officer, as is evident from Ext.P9. He, therefore, prays that action pursuant to Ext.P9 be directed to be finalised within a time frame to be fixed by this Court.

3. The afore request made on behalf of the petitioner by his learned counsel – Sri.V.Varghese, were answered by the learned Senior Government Pleader – Smt.Mable C. Kurian, saying though she does not have specific instructions as to why the request of the petitioner has not been acceded to yet; but that the files disclose that there is an enquiry with respect to the ‘Patta’ relating to the property issued in favour of the predecessor-in- interest of the petitioner. She submitted that the suspicion is that the ‘Patta’ in question is a forged one and that, therefore, it is only after the enquiry is completed, can the request of the petitioner be considered.

4. Even when I hear the learned Senior Government Pleader as afore, the law is now well settled that merely because there is an enquiry with respect to the title document or ‘Patta’ in question, it will not impede necessary action with respect to the ownership rights of the registered owner on the property being taken forward and completed. Of course, if there is any such enquiry, the necessary proceedings - including certificates - can contain an endorsement regarding the same, provided it is completed within a time frame.

In the afore circumstances, I order this Writ Petition with the following directions:

a) The 2nd respondent – Village Officer will complete the proceedings pursuant to Ext.P9, after affording an opportunity of being heard to the petitioner; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment.

b) If the Village Officer is to find that there is any valid enquiry pending as regards the original ‘Patta’ with respect to the property in question, then the details of the same can be endorsed on the Revenue Records, as also the Tax Receipt appropriately.

c) I make it clear that the afore endorsement can be made only if there is a pending enquiry; and if so, it shall be completed by the competent Authority within a period of eight months from the date on which the said endorsement is made.

d) In the event the aforementioned enquiry is not completed within the afore period of eight months, the Village Officer will be obligated to erase the endorsement from the Revenue Records and Tax Receipt and to either issue a fresh one or reissue the same.

Sd/-

RR DEVAN RAMACHANDRAN

JUDGE APPENDIX OF WP(C) 2372/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT NO.4174434 DATED 18/12/2009 ISSUED BY THE

2ND RESPONDENT.

Exhibit P2 TRUE COPY OF REPRESENTATION DATED

14/01/2021 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.

Exhibit P3 TRUE COPY OF THE LETTER NO.48/21 DATED

25/01/2021 OF THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE LETTER NO.S1-2365/21 DATED 13/02/2021 OF THE 1ST RESPONDENT.

Exhibit P5 TRUE COPY OF THE NOTICE NO.S7-4120/20 DATED 28/04/2021 OF THE 1ST RESPONDENT.

Exhibit P6 TRUE COPY OF THE LETTER DATED 15/05/2021 OF THE PETITIONER BEFORE THE 1ST RESPONDENT WITHOUT ITS ENCLOSURES.

Exhibit P7 TRUE COPY OF THE LETTER NO.S7-4120/21 DATED 09/06/2021 OF THE 1ST RESPONDENT.

Exhibit P8 TRUE COPY OF THE NOTICE NO.S7-4120/21 DATE