IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 30TH NOVEMBER 2006 / 9TH AGRAHAYANA 1928 WP(C).No. 36117 of 2005(Y) ------------------------------------------ PETITIONER: --------------------- MATHEW K.KURIAKOSE, THACHIRUPARAMBIL, REPRESENTED BY POWER OF ATTORNEY HOLDER E.K.KURIAKOSE, THACHRUPARAMBIL, CHENGATHARA P.O., MALAPPURAM DISTRICT. BY ADV. SRI.V.C.JAMES RESPONDENTS: ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, MALAPPURAM. 3. THE R.D.O., PERINTHALMANNA. 4. THE TAHSILDAR, NILAMBUR. BY GOVERNMENT PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 36117 of 2005(Y) APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the document dated 13-8-2001. Ext.P2: True copy of the report signed by the Village Officer, Chungahara. Ext.P3: True copy of the site plan in respect of the 12 cents of land. Ext.P4: True copy of the communication dated 29-5-2004 addressed to the District Collector. Ext.P5:True copy of the gazette notification published in the Kerala Gazette dated 8-2-2005. Ext.P6: True copy of the communication No.B1.3516/04 dated 28-10-2005 of the Tahsildar Nilambur, address to the RDO. // True copy // P.A. to Judge jes C.N.RAMACHANDRAN NAIR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)NO.36117 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of November 2006 JUDGMENT Heard counsel for the petitioner and Government Pleader. 2. It is conceded that petitioner's application for registration of 12 cents of land under the Malablar Land Registration Act is processed and approved. However, on account of repeal of the Act, assignment is not effected. It is now conceded that by operation of clause 4(e) of the General Clause Act 7 of 1125, proceedings could be continued and assignment could be made under the present Act. 3. In the circumstance, third respondent is directed to proceed with the assignment in terms of the above clause in the general clause Act and complete the same within a period of two months from the date of production of a copy of this judgment. Petitioner will comply with all formalities. Writ petition is disposed of as above. C.N.RAMACHANDRAN NAIR, JUDGE jes