IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 WP(C).No. 26216 of 2011(B) ------------------------------------- PETITIONER(S): ---------------------- M.ABDUL JABBAR, FATHIMA MANZIL, KALLUVILA, PALAMKONAM P.O., KOLLAM. BY ADVS. SRI.K.B.GANGESH SMT.SMITHA CHATHANARAMBATH RESPONDENT(S): ------------------------- 1. DEPUTY TAHSILDAR, TALUK OFFICE, KOTTARAKKARA-691506. 2. VILLAGE OFFICER, CHITHARA VILLAGE OFFICE, KOLLAM DISTRICT-691559. 3. DISTRICT COLLECTOR, COLLECTORATE, KOLLAM-691001. R1 AND R3 BY GOVT. PLEADER SMT. M.J. RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DS WP(C).No. 26216 of 2011(B) APPENDIX PETITIONER(S) EXHIBITS : EXT.P1 TRUE COPY OF THE JUDGEMENT IN OS.251/91 DATED 27/6/1994. EXT.P2 TRUE COPY OF THE DECREE IN OS.251/91 DATED 27/6/1994. EXT.P3 TRUE COPY OF THE APPLICATION PREFERRED BY THE PETITIONER TO THE IST RESPONDENT ON 13/7/2011. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ PA TO JUDGE DS P.R. RAMACHANDRA MENON, J. - - - - - - - - - - - - - - - - - W.P.(C) No.26216 of 2011 - - - - - - - - - - - - - - - - Dated this the 3rd day of October, 2011. JUDGMENT The petitioner is stated as aggrieved of the callous inaction on the part of the first respondent in considering Ext.P3 application preferred under Rule 28 of the Transfer of Registry Rules. The case of the petitioner is that he is the absolute owner of the property concerned and that the rights and liberties of the petitioner have been concluded by virtue of the verdict passed by the competent Civil Court as early as on 27.06.1994. The petitioner is enjoying the said property with absolute ownership, exclusive possession and clear and marketable title. However, Ext.P3 application preferred before the 1st respondent under the relevant rules is still to be acted upon; which made the petitioner to approach this Court by filing the present writ petition. 2. Heard the learned Government Pleader as well. 3. The learned counsel for the petitioner submits that under Rule 28 of Transfer of Registry Rules, the first respondent is bound to conduct an enquiry and to pass appropriate orders W.P.(C). No.26216/2011 -:2:- taking the proceedings to a logical conclusion. It is very much open to the said respondent to issue notice to all concerned, if at all, the first respondent is having any doubt. In the above circumstances, this writ petition is disposed of, directing the first respondent to consider Ext.P3 and pass appropriate orders in accordance with law after conducting a detailed enquiry as contemplated under the provisions of law. The proceedings shall be finalised as above, after hearing all concerned, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the first respondent for compliance. sd/- P.R. RAMACHANDRA MENON, JUDGE. rv W.P.(C). No.26216/2011 -:3:-