IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. MUHAMED MUSTAQUE, HARISANKAR V. MENON, JJ
REETHA – Appellant
Versus
SREEDHARI RAGHUNATHAN – Respondent
A. Muhamed Mustaque, J.
This writ appeal is filed by respondents 1 and 2 in the writ petition. The matter is related to transfer of registry. The Tahsildar passed Ext.P3 order, which was affirmed by the Sub-Collector, Thalassery. In both orders, the Village Officer was directed to effect transfer of registry in favour of the appellant herein, after assuring that the land in question was not included in ceiling proceedings and that it was in possession of the appellant. This order was interfered with by the learned Single Judge, who observed that the Tahsildar had proceeded to adjudicate the issue with respect to title, which is not possible under Rule 16 of the Transfer of Registry Rules , 1966 (hereinafter referred to as ‘the Rules’). Consequently, the matter was remitted back to the Tahsildar for reconsideration.
2. As noted by the learned Single Judge, the transfer of registry is for fiscal purposes, and that itself will neither confer title nor amount to acknowledgment of title in favour of any party. The question that arises for consideration is in what manner the transfer of registry has to be effected based on an application.
There are two methods: one based on the title and
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