IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 WP(C).No. 16767 of 2009(M) -------------------------- PETITIONER(S): --------------- NELSON, S/O.CHALLAPPAN NADAR, THENGUVILAKATHU MELE PUTHEN VEEDU, VADAKARA DESOM, PERUMKADAVILA VILLAGE, NEYYATTINKARA. BY ADV. SRI.R.GOPAN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE VILLAGE OFFICER, VILLAGE OFFICE, PERUMKADAVILA. 3. SALVI, MALA THAYAKKATTU VEEDU, KADAVATTANAM DESOM, OLATHANI, NEYYATTINKARA. 4. NASAMONI, MALA THAYAKKATTU VEEDU, KADAVATTANAM DESOM, OLATHANI, NEYYATTINKARA. 5. GLASTAN THIRUMANI, REPRESENTING THENGAVILAKUZHY C.S.I.CHURCH, VADAKARA DESOM, PERUMKADA VILA VILLAGE. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).16767/2009 -------------------- Dated this the 3rd day of August, 2009 JUDGMENT Heard learned counsel for the petitioner and learned senior Government Pleader. 2. Petitioner and respondents 3 to 5 are the plaintiff and defendants in O.S.180/2007 pending before the Munsiff Court, Neyyattinkara. The Suit is one for partition. It seems that some of the co-shares had alienated property in excess of the share which was otherwise allotted to them on a prior partition, contends the learned counsel for the petitioner, and based on such alienation, mutation has also been effected. This has been challenged by the petitioner in Ext.P3 appeal under the Transfer of Registry Rules before the RDO. 3. RDO shall hear the appeal, Ext.P3, after notice to the affected persons also and take a decision within three months from the date of receipt of a copy of this judgment. It is made clear that any decision under the Transfer of W.P.(C).16767/09 2 Registry Rules shall be subject to final adjudication of the rights of the parties by the Civil Court. Writ petition is disposed of as above. V.GIRI, Judge mrcs