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2026 Supreme(Online)(Ker) 16897

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
NITHIN NOBY – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 3980 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.MATHEW KURIAKOSE, SRI.J.KRISHNAKUMAR, SRI.T.G.SUNIL, SHRI.C.N.PRAKASH, SHRI.MONI GEORGE, SHRI.ARUN.S., SMT.PREETHU JAGATHY
For the Respondents: ADV.AJITH VISWANATHAN

Court holds that administrative inaction cannot impede rightful transfer of registry as per law, despite requests for bans based on previous reports.

Headnote:The court addresses the inaction of the 3rd respondent regarding the transfer of registry in favor of the petitioner. The court finds that a general ban based on a survey report should not hinder the petitioner’s rights. The court orders the 3rd respondent to act on the application within a month. The decision provides the state with rights based on the prior survey submission, but allows registry transfer pending future actions.

Result: The Writ Petition will stand allowed.

Table of Content
1. petitioner seeks action against inaction in registry transfer. (Para 1)
2. general ban should not obstruct lawful procedures. (Para 2)
3. court directs prompt review of application without bias from previous reports. (Para 3)
4. the right of the state to contest remains intact. (Para 4)

JUDGMENT

Petitioner is aggrieved by the inaction on the part of the 3rd respondent in effecting transfer of registry in favour of the petitioner and acceptance of tax pursuant therein.

2. Learned Government Pleader would submit that a report has been preferred by the Village Officer to the effect that there is a general ban for effecting transfer of registry in view of a report submitted by the Taluk Surveyor dated 01.11.2025, wherein, an allegation with respect to issuance of a patta with a corrected survey number is made.

3. Having heard the learned counsel for the petitioner and the learned Government Pleader, this Court is of the opinion that the said general ban vide report dated 01.11.2025 need not stand in the way of transfer of registry being effected in favour of the petitioner. The rights, if any, of the State can be reserved by making appropriate directions in this regard.

4. In the circumstances, there will be direction to the 3rd respondent to consider petitioner's application for transfer of registry, in accordance with law, and uninfluenced by the above-referred aspect reported by the Village Officer, expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. Petitioner will produce a copy of the judgment before the 3rd respondent, for complaince. The right of the concerned among the respondents to take necessary action based on the report of the Taluk Surveyor dated 01.11.2025 will stand reserved and the transfer of registry directed to be effected will be subject to the outcome of those proceedings.

The Writ Petition will stand allowed, as indicated above.

Sd/-

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