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2026 Supreme(Online)(Ker) 8769
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
RAJI CHEMBAN BALAN – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 3532 OF 2026
For the Appellants/Petitioners: SHRI.SIDHARTH O., SHRI.SUSANTH SHAJI, SHRI.ALBIN A. JOSEPH, SMT.NEKHA VARGHESE
For the Respondents: SHRI. AJITH VISWANATHAN (GP)
The Tahsildar is directed to effect transfer of Registry and accept land tax, notwithstanding any civil court attachment.
Headnote:The petitioner challenges the inaction of the Tahsildar regarding registry transfer and tax acceptance due to a civil court attachment. Court cites settled law in previous cases, directing Tahsildar to complete the registry transfer. The main issue was the legality of proceeding with the transfer amid pending attachments, supported by the court's obligation to direct compliance with legal provisions. The petition is allowed for registry transfer and tax acceptance.
| Table of Content |
|---|
| 1. petitioner challenges the tahsildar's inaction on registry transfer. (Para 1) |
| 2. court relies on settled law for direction to tahsildar. (Para 2) |
| 3. writ petition allowed for action on registry transfer and tax. (Para 3) |
JUDGMENT
The petitioner is aggrieved by the inaction on the part of the 3rd respondent/Tahsildar(Land Records) in effecting the transfer of Registry, as also, the acceptance of land tax. The reason stated is the existence of an attachment by a Civil Court, the Sub Court, Manjeri.
2. The law in this regard is settled as held by this Court in Joseph Kurian v. Village Officer [2010 KHC 6224] & Rahulan v. Tahsildar (LR), Punalur [2021 (4) KHC 562]. Learned Government Pleader has no quarrel with respect to the above settled legal position.
3. In such circumstances, the 3rd respondent/ Tahsildar will stand directed to effect transfer of Registry in favour of the petitioner and also to accept land tax from the petitioner, unmindful of the attachment, if any, pending in respect of the property by the Civil Court, provided his application is otherwise in order. Let the above exercise be completed within a period of one month from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of this judgment before the 3rd respondent, for compliance.
This Writ Petition will stand allowed, as above.
Sd/-
