Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 22ND DAY OF FEBRUARY 2022 / 3RD PHALGUNA, 1943 PETITIONER: SURENDRAN @ SURESH AGED 56 YEARS S/O. APPUKUTTAN, CHEERANIKALATHIL, KOLLENGODE-I VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT, PIN-678506. BY ADVS. RAJESH SIVARAMANKUTTY K.VIJINA ARUL MURALIDHARAN RESPONDENTS: 1 THE ADDITIONAL TAHSILDAR PALAKKAD, OFFICE OF THE ADDITIONAL TAHSILDAR, PALAKKAD-678001. 2 THE VILLAGE OFFICER, MANKARA VILLAGE, MANKARA, PALAKKAD DISTRICT, PIN-678613. OTHER PRESENT: SMT. MABLE .C .KURIAN SR.G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioner says that he preferred Ext.P5 application for transfer of Registry of the property covered by Schedule C to Ext.P2 Partition Deed, but that no action has been taken thereon by the 1 st respondent - Additional Tahsildar until now. The specific assertion of the petitioner is that the property was bequeathed to him by his biological parents and that his subsequent adoption by another family would not alter his title over it. He thus prays that Ext.P5 be directed to be ordered without any further delay, so that his rights over the property will not be prejudiced further.
2. The afore request of Sri. Rajesh Sivaramankutty - learned counsel for the petitioner, was
answered by the learned Senior Government Pleader - Smt.Mable C. Kurian, saying that if the petitioner only requires Ext.P5 to be disposed of by the first respondent in terms of law, there does not appear to be any legal impediment in doing so; however, praying that this Court may not make any affirmative declarations on the entitlement of the petitioner to any relief and leave it to be decided by the afore said Authority, in terms of law. She added that she is making this request because the 1 st respondent will have to verify the petitioner's credentials and also the veracity of his assertions based on the documents, before any affirmative orders can be issued on Ext. P5.
4. I must say that I find some force in the afore submissions of the learned Senior Government Pleader, but, at the same time, it is for the 1 st respondent to decide Ext. P5 as per law without any delay. Resultantly, I order this writ petition and direct the 1 st
respondent to take up Ext.P5 application of the petitioner and dispose of the same, after affording him an opportunity of being heard, as also to any other person who may be interested; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible but not later than two months from the date of receipt of a copy of this judgment. It goes without saying that while the afore exercise is completed, Exts. P3 and P4 reports of the competent Authorities will also be taken into account by the 1 st respondent and his opinion on the same recorded in the resultant order.
Sd/- DEVAN RAMACHANDRAN JUDGE ANB APPENDIX OF WP(C) 1524/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AADHAR CARD (957348546739) UNDER UNIQUE IDENTIFICATION AUTHORITY OF INDIA ISSUED TO THE PETITIONER. Exhibit P2 TRUE COPY OF THE REGISTERED PARTITION DEED NO.1724/1974 OF SRO, PALAKKAD. Exhibit P3 TRUE COPY OF THE REPORT DATED 21.10.2021 ISSUED BY THE 2ND RESPONDENT TO THE KOLLENGODE VILLAGE OFFICE. Exhibit P4 TRUE COPY OF THE ONE AND THE SAME
CERTIFICATE ISSUED TO THE PETITIONER DATED 11.11.2021 BY THE KOLLENGODE- II VILLAGE OFFICE, PALAKKAD. Exhibit P5 TRUE COPY OF THE PETITION DATED 12.11.2021 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT. Exhibit P6 A TRUE COPY OF TAPAL NO.332/2021 DATED 12.11.2021 ISSUED BY 2ND RESPONDENT TO PETITIONER.