The Tahsildar must ascertain possession or title before transferring registry as per relevant rules.

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 the other based on the possession, as referred to in Rule 28 of the Rules. In both cases, the Tahsildar will have to be prima facie satisfied that the applicant is having title, relying on documents establishing or related to the title, or to satisfy that the applicant has been in continuous and uninterrupted possession for at least 12 years, as contemplated in Rule 28 of the Rules. There must be satisfaction in either way. In the impugned order, there is no such application of mind. In such circumstances, we are of the view that the matter requires reconsideration, though for reasons different from those mentioned by the learned Single Judge.

3. Accordingly, we affirm the impugned judgment.

However, we direct the Tahsildar to apply his mind in accordance with law, as mentioned above, and thereafter pass a fresh order.

This writ appeal is disposed of as above.