IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WP(C).No. 11042 of 2009(A) -------------------------- PETITIONERS: -------------------- 1. M.SELVAM, S/O.MARIMUTTU, AGED 56 YEARS, HOUSE NO.1/22, KELAVIPARA KARA, CHINNAKANAL P.O., CHINNAKANAL VILLAGE, UDUMPENCHOLLA TALUK. 2. SAJU, S/O.PATHROSE, AGED 42 YEARS, ORAVALAKUDIYIL (H), THANGALAM KARA, THRIKARIYOOR P.O., KOTHAMANGALAM. 3. WILFRED C.MANUVEL, S/O.MANUVEL, AGED 42 YEARS, CHALIYACHAN (H), MOOLANKUZHY KARA, MUNDANVELY P.O., RAMESWARAM VILLAGE, KOCHI TALUK. BY ADV. SRI.ALEXANDER JOSEPH RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVT., DEPARTMENT OF REGISTRATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, IDUKKI DISTRICT, PAINAVU, IDUKKI. 3. THE INSPECTOR GENERAL OF REGISTRATION THIRUVANANTHAPURAM. 4. THE DISTRICT REGISTRAR, THODUPUZHA. 5. THE SUB REGISTRAR, SUB REGISTRY OFFICE, RAJAKUMARI, IDUKKI DISTRICT. 6. THE TAHSILDAR, UDUMPANCHOLA TALUK, NEDUMKANDAM. 7. THE VILLAGE OFFICER, CHINNAKANAL VILLAGE, CHINNAKANAL, DEVIKULAM, IDUKKI DISTRICT. BY GOVERNMENT PLEADER SRI. M.A. ASIF. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 11042 of 2009(A) APPENDIX PETITIONERS' EXHIBITS: P1 : COPY OF THE PATTA NO.LA.165/70 DATED 25.5.1971. P2 : COPY OF THE TAX RECEIPT DATED 24.6.2004 ISSUED BY THE 7TH RESPONDENT. P3 : COPY OF THE POSSESSION CERTIFICATE DATED 11.8.2004 ISSUED BY THE 7TH RESPONDENT. P4 : COPY OF THE SALE DEED DATED 31.3.2009 P5 : COPY OF THE LETTER DATED 31.3.2009 OF THE 5TH RESPONDENT. P6 : COPY OF THE APPLICATION DATED 1.4.2009 TO THE 6TH RESPONDENT. P7 : COPY OF THE MEDICAL CERTIFICATE DATED 16.7.2009 RESPONDENTS' EXHIBITS: N I L // TRUE COPY // P.A. TO JUDGE. app/- V.GIRI, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 11042 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 17th day of August 2009. JUDGMENT Petitioner claims to be the owner in possession of property extending 1 acre and 40 cents (56.66 Ares) of land in Sy. No.1/1 of Chinakannal Village. He claims ownership of the property as a successor of his father. The other legal heirs of his father released their right in his favour as document No.786/85 of t he Rajakumari Sub Registry Office. He desires to sell the property and he has approached the Tahsildar for a 'Non Objection Certificate' as evidenced by Ext.P6. Learned Government Pleader submits that a 'Non Objection Certificate' can be issued only by the District Collector. 2. The 6th respondent shall forward Ext.P6 to the second respondent within 4 weeks from the date of receipt of a copy of this judgment. Thereafter, the second respondent shall consider the request made in Ext.P6 on merits and take a decision within 4 weeks. Unless there are any inhabiting factors, a 'Non Objection Certificate' as sought for may be issued. Writ petition is disposed of as above. (V.GIRI) JUDGE kkms/