IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 WP(C).No. 18587 of 2010(W) -------------------------- PETITIONER(S): --------------- 1. CHANDRASHEKHARA MENON, 'GOPIKA' MADAPPATTU ROAD, MANJUMMAL, ELOOR, PRAVUR TALUK, REPRESENTED BY POWER OF ATTORNEY RAJEEV C.R. S/O.CHANDRASHEKHARA MENON, 'GOPIKA' MADAPPATTU ROAD, MANJUMMAL, EALOOR, EALOOR VILLAGE. 2. SANJEEVAN, S/O. SANKUNNI MENON, ASHOKA BHAVAN, ELAMAKKARA P.O.,ERNAKULAM BY ADV. MR.A.R.GANGADAS RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR,ERNAKULAM COLLECTORATE, KAKKANAD. 2. THE TAHASILDAR, KANAYANNUR TALUK, ERNAKULAM DISTRICT. 3. THE VILLAGE OFFICER, POONITHURA VILLAGE, ERNAKULAM. 4. SARASWATHY AMMA, W/O.GOPALAKRISHNAN, KUZHUPILLY (H) POONITHURA, ERNAKULAM DISTRICT-682 406 ADV.MR. P.N. SANTHOSH – GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.18587 OF 2010 ------------------------------- Dated this the 15th day of JUNE, 2010 J U D G M E N T There is a dispute between the petitioners on the one hand and the fourth respondent in respect of certain properties. The petitioners claim that the documents on the basis of which the fourth respondent claims title is a forged one. The District Collector has allowed mutation in favour of the fourth respondent in respect of the property on certain findings. while admitting that the disputes between the parties can only be resolved in a suit, the learned counsel for the petitioners would contend that the findings of the District Collector would stand in the way of the petitioners in a civil suit. 2. I have heard the learned Government Pleader also. 3. It is settled law that transfer of registry under the Transfer of Registry Rules is merely for fiscal purposes and the same does not in any way decide the rights of parties in respect of the properties. In fact, it has been made abundantly clear in W.P.(c)No.18587/10 2 Clause 16 of the Transfer of Registry Rules. Even otherwise, the findings of the District Collector is not binding on the civil court and the civil court has to consider the same independently. Therefore, this writ petition is disposed of making it clear that the findings in the impugned order of the District Collector would not in any way bar the petitioners from raising all their contentions in a civil suit, if filed for that purpose, and the civil court shall consider the same without reference to the order of the Collector. S. SIRI JAGAN, JUDGE acd W.P.(c)No.18587/10 3 W.P.(c)No.18587/10 4