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2019 Supreme(Online)(KER) 52159
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY ,THE 26TH DAY OF MARCH 2019 / 5TH CHAITHRA, 1941
WP(C).No. 30129 of 2017
PETITIONERS:
1
ANGITHA
AGED 30 YEARS
W/O. FEBY, PADINJAREDATH HOUSE, H.NO.
47/XIII, THODUPUZHA, IDUKKI DISTRICT - 685
590.
2
BABU NIVAS
S/O. DEVASSY, ILANJIKKAL HOUSE, KADUKUTTY,
VADAKKUM MURI VILLAGE, CHALAKKUDY, THRISSUR
DISTRICT - 680 741.
BY ADVS.
SRI.N.N.SUGUNAPALAN (SR.)
SRI.S.SUJIN
RESPONDENTS:
1
VILLAGE OFFICER, KALLURKADAVU MURI
THRISSUR DISTRICT - 680 741.
2
TAHSILDAR LAND RECORDS
CHALAKUDY - 680 307.
WP(C).No. 30129 of 2017
..2..
3
DISTRICT COLLECTOR
THRISSUR DISTRICT - 680 741.
4
STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
BY ADV. GOVERNMENT PLEADER
M R DHANIL SPL GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.03.2019, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 30129 of 2017
..3..
The petitioner purchased certain immovable
properties from St.George Company, as per Exts.P1
and P2. Petitioner approached the Revenue
Authorities to effect transfer of registry. The
request was not acted upon. Accordingly, the
petitioner approached this Court.
2.
In the statement filed by the Tahsildar,
it is stated that as per the Village Officer's
report St.George Company is having a land in
excess of ceiling area, which was reported to the
District Collector, and company seems to have
transferd the land to the petitioner with
intention to defeat the provisions of the Kerala
Land Reforms Act, 1962.
3.
It is to be noted that the land was in
the name of St.George Company. There is no
concluded proceedings directing the company to
..4..
surrender the land purchased by the petitioner.
In such circumstances, there is no reason for
denying the transfer of registry in favour of
petitioner pursuant to Exts.P1 and P2. However,
this will be subject to any proceedings initiated
under the Kerala Land Reforms Act, in accordance
with the law. Needful shall be done to effect
the transfer of registry within a period of one
month.
The Writ Petition is disposed as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
PR/26.03.2019
..5..
APPENDIX
PETITIONERS EXHIBITS:
EXHIBIT P1
TRUE COPY OF DOCUMENT NO. 2137/2016 OF
SRO, ANNAMANADA.
EXHIBIT P2
TRUE COPY OF DOCUMENT NO. 2138/2016 OF
SRO, ANNAMANADA.
EXHIBIT P3
TRUE COPY OF THE COMMUNICATION
DTD.18.08.2017 ISSUED BY VILLAGE
OFFICER TO 1ST PETITIONER.
EXHIBIT P4
TRUE COPY OF THE COMMUNICATION
DTD.18.08.2017 ISSUED BY VILLAGE
OFFICER TO 2ND PETITIONER.
EXHIBIT P5
TRUE COPY OF LETTER FROM THE
TAHSILDAR, CHALAKUDY DTD. 25.08.2017.
EXHIBIT P6
TRUE COPY OF THE REPLY DTD.
07.08.2017.
