Property title disputes must be established through civil procedures, with judicial review limited to procedural errors.

JUDGMENT

Ext.P19 Order passed by the 3^rd respondent/R.D.O is under challenge in this Writ Petition. As per Ext.P19, it has been found that the appellants therein could not establish that 'Gondan Narayana Prabhu' and 'S.N. Govinda Prabhu' is one and the same person; that there exists a dispute with respect to the title of the property and hence, the transfer of registry proceedings can be initiated only after establishing the title, in accordance with law.

2. Heard the learned Senior Counsel for the petitioners; learned counsel for respondents 8, 10, 12 and 13; and learned Senior Government Pleader on behalf of the official respondents. 3. Having heard the learned counsel appearing for the respective parties, this Court endorse that there exists a dispute with respect to the property, which is the subject matter of Ext.R12(1) suit. Both parties are relying on several documents in support of their title. On the one hand, the petitioners would contend that the patta was issued in the name of Govinda Prabhu, who is also known as Gondan Narayana Prabhu and he was in enjoyment of the property from that point of time onwards, paying tax and collecting rents etc. On the other, respondents 8, 10, 12 and 13 would contend that the patta, which was issued in the year 1905, was in the name of Gondan Narayana Prabhu and not in the name of S.N.Govinda Prabhu. The fact that S.N.Govinda Prabhu was managing the property, since he was residing therein, would not confer him absolute title, so as to claim remittance of tax, collection of rents etc, is the argument advanced.

4. In the circumstances, by exercising the limited power of judicial review of this Court in respect of Ext.P19, this Court does not find anything seriously wrong with Ext.P19, warranting interference. It will be open for the petitioners, or for that matter, respondents 8, 10, 12 and 13, to move the civil court, wherein Ext.R12(1) suit is pending, seeking necessary directions as regards payment of tax. In case any of the parties to this Writ Petition files an application as regards payment of tax, the same may be considered by the learned Sub Judge, Irinjalakuda, in accordance with law, expeditiously, at any rate, within a period of two months from the date of receipt of filing the application.

This Writ Petition will stand disposed of, as above. It is clarified that this Court has not made any observations on the merits of the matter and all the contentions of the respective parties will be left open.

Sd/-