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HIGH COURT OF KERALA
A. Muhamed Mustaque, J
MATHAI KURIAKOSE – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
WRIT PETITION (CIVIL) 27858/2014
Property - Ownership - Transfer of Registry Rules - Final Decree
Fact of the Case:
The petitioner claims ownership of property in Resurvey No.39/16/1 based on a final decree from a civil suit. The Village Officer refused to mutate the registry, prompting the petitioner to seek judicial intervention.
Finding of the Court:
The court found that while the petitioner asserts ownership, verification of absolute possession is necessary. The petitioner must provide a delivery report from the civil court to proceed with the mutation.
Issues: Whether the petitioner can effectuate a transfer of registry based on the final decree and what proof is required to establish absolute possession.
Ratio Decidendi: The court emphasized the requirement of a delivery report to confirm possession before the registry can be mutated in the petitioner's name, affirming that the transfer process must adhere to established legal protocols.
Final Decision: The writ petition is disposed of with directions to produce a delivery report.
J U D G M E N T
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The petitioner claims the absolute right and ownership in respect of the property in Resurvey No.39/16/1 having an extent of 29.74 Ares and 38.44 Ares of property in the same Resurvey (old survey Number is 3/1A) in Block No.27 of Thanneermukkom North Village, Cherthala Taluk of Alappuzha District. The petitioner trace out exclusive right based on a final decree passed in O.S.No.1072/1997. In terms of transfer of registry Rules, transfer can be effected based on a decree passed by the Civil Court. Therefore, there is no impediment in effecting transfer of registry based on a final decree. However the authorities have to ensure that the petitioner has obtained exclusive ownership in respect of the property sought to be mutated in favour of the petitioner. The petitioner has approached the Village Officer to effect mutation. The Village Officer refused to act upon the request made by the petitioner. Hence the petitioner has approached this Court.
2. The learned Government Pleader on instructions would submit that certain extent of property referred as above are seen in the name of the other family members of the petitioner. Therefore, it has to be verified whether the petitioner has got the absolute possession over the property based on the final decree.
3. Considering the above, I am of the view that the petitioner has to produce delivery report taking delivery through execution proceedings pursuant to final decree. Delivery report would indicate that property has been delivered to the petitioner pursuant to final decree. The petitioner shall produce delivery report issued by the civil court before the Tahsildar. The Tahsildar thereafter take a decision after adverting to final decree. Needful shall be done on production of delivery report within a period of six weeks from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
sd A.MUHAMED MUSTAQUE, JUDGE jm/
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