IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 WP(C).No. 12761 of 2008(T) ------------------------------------ PETITIONER: ------------------ A.N.THANKAPPAN AGED 70 YEARS, S/O. NARAYANAN, ALAMATTATHIL HOUSE MATHAIPARA P.O.,IDUKKIR DISTRICT PIN 685 505 (NOW RESIDING AT MUTHANPADY WARD NO.II OF UPPUTHARA PANCHAYAT, IDUKKI DISTRICT PIN 685 505 BY ADV. SRI.SARVOTHAMAN RESPONDENTS: ---------------------- 1. SECRETARY,UPPUTHARA GRAMA PANCHAYATH UPPUTHARA P.O., IDUKKI DISTRICT 685 505 2. SECRETARY,ARAKULAM GRAMA PANCHAYATH MOOLAMATTAM P.O., IDUKKI DISTRICT 685 589 3. ASSISTANT ENGINEER, K.S.E.B SECTION OFFICE, (ELECTRICAL SECTION) UPPUTHARA IDUKKIT DISTRICT 685 505 4. SMT. LEELA THANKAPPAN, ALAMATTATHIL HOUSE, KOTHAPARA, IDUKKI DISTRICT 685 505 5. STATE OF KERALA, REPRESENTED BY SECREATARY TO THE GOVERNMENT LOCAL SELF GOVERNMENT INSTITUTIONS DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM (DELETED FROM THE PARTY ARRAY AS PER ORDER DT.13-10-08) 6. TRIBUNAL FOR LOCAL SELF GOVT.INSTITUTION THIRUVANTNTHAPURAM, REPRESENTED BY ITS SECRETARY , MEDICAL COLLEGE P.O., TRIVANDRUM R1 BY ADV.SRI.K.SATHEESH KUMAR SRI.K.VIJAYAN R2 BY ADV.SRI.MURALI PURUSHOTHAMAN SRI.DEEPU LAL MOHAN R3 BY SRI.P.P.THAJUDEEN, SC, K.S.E.B R4 BY ADV.SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.12761/2008-T APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE OWNERSHIP CERTIFICATE BEARING NO.A6/76/99 DT.25-2-2008 ISSUEDBY R2. EXT.P2 COPY OF THE IDENTITY CARD ISSUED ON 19-2-99 BY ELECTRICAL REGISTRATION OFFICER FOR IDUKKI CONSTITUENCY. EXT.P3 COPY OF THE RATION CARD BEARING NO.175665 ARAKKULAM PANCHAYAT. EXT.P3(a) COPY OF THE RELEVANT EXTRACT OF THE RATIO CARD NO.1631041786 UPPUTHARA GRAMA PANCHAYAT. EXT.P4 COPY OF THE CERTIFICATE ISSUED BY R2 DATED 26-3-2006. EXT.P5 COPY OF LETTER NO.A4-700/06 DATED 23-11-2006 ISSUED BY R1 TO PETITIONER. EXT.P6 COPY OF COMMUNICATION ISSUED BY R1 TO THE PETITIONER. EXT.P7 COPY OF APPEAL FILED BY PETITIONER BEFORE HON'BLE TRIBUNAL FOR LSG INSTITUTIONS, TVM DT. 4-4-2007. EXT.P8 COPY OF THE ACKNOWLEDGEMENT DATED 7-4-2007. EXT.P9 COPY OF OBJECTION FILED BY PETITIONER DT.22-5-2007 BEFORE R3. EXT.P10 COPY OF REPRESENTATION FILED BY THE PETITIONER DT.12-7-07 BEFORE R3. EXT.P10(a) COPY OF ACKNOWLEDGEMENT DATED 17-7-2007. EXT.P11 COPY OF JUDGMENT DT.19-11-2007 IN WPC.25469/07-F. EXT.P12 COPY OF NOTICE ISSUED BY THE SECRETARY FOR R6 TRIBUNAL DT.15-1-08 AGAINST THE PETITIONER. EXT.P13 COPY OF RE-PRESENTED APPEALIN PROPER FORM DATED 11-2-2008. EXT.P14 COPY OF PETITION TO CONDONE THE DELAY IA.285/08 FILED BEFORE R6. EXT.P14(a) COPY OF AFFIDAVIT OF THE PETITIONER ACCOMPANIED WITH EXT.P14. EXT.P15 COPY OFORDER DAED 26-3-2008 IN IA.285/08 IN UNNUMBERED APPEAL. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// PA TO JUDGE. dkr THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.12761 of 2008-T = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 30th day of June, 2009. JUDGMENT 1.The building in question was in a ward in Arakkulam Grama Panchayat. On delimitation, that ward became part of Upputhara Grama Panchayat. The petitioner was shown as the owner of the building in question. However, the assessment register later showed that his name was changed and his wife, the fourth respondent, is shown as the owner. The petitioner challenges that. 2.The Secretary of the Arakkulam Grama Panchayat, after verifying the records, has filed a counter affidavit stating that in the assessment register, the name of the owner of the building in question, is seen changed from that of the petitioner to be that of the fourth respondent in 2000 as per an endorsement of the then Secretary, WP(C)12761/08 -: 2 :- making reference to an agreement dated 10.1.2000 and a mutual agreement dated 20.1.2000. It is further stated that the copies of those documents are not now traceable in the panchayat office. 3.The petitioner has filed a reply affidavit refuting the averments regarding the aforesaid documents. 4.The transfer of ownership of a building in terms of the Kerala Panchayat Raj Act and Rules does not confer title. A transfer in the register of the panchayat cannot be made merely on the basis of certain agreements, not amounting to transfer of property for the purpose of the Transfer of Property Act. If the property involved is worth more than the value fixed for transfer by documents which are compulsorily registrable, transfer can be effected only by registered instruments in terms of the TP Act and Registration Act. If the panchayats undertake the activity of changing the name of the owner of the WP(C)12761/08 -: 3 :- building on the basis of agreements between the parties, the whole concept of ownership of property will be thrown to the winds. This is why the Panchayat Raj Act and Rules do not provide for any such transfer and any decision on the question of a request for transfer will have to be considered and endorsements made only on the basis of legally valid transfers. Therefore, the genuineness of the documents relied on by the panchayat, which are stated to be not now traceable from its file, need not be waited for, to decide this matter. The result of this writ petition has necessarily to go in favour of the petitioner. In the result, this writ petition is allowed quashing the impugned orders and it is hereby directed that the petitioner's name shall be shown as the owner of the building in question, namely, 25/X, in relation to which Ext.P1 ownership certificate was issued. As a consequence of this judgment, the statutory WP(C)12761/08 -: 4 :- authorities like KSE Board and other establishments will make corrections in the records. Having regard to the fact that though they are not on cordial terms, the petitioner and the fourth respondent are senior citizens, going by the materials on record, and because Ext.P3 shows that the family has been identified as BPL, I am not imposing any order of costs. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/020709