IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 WP(C).No. 1041 of 2010(E) ------------------------- PETITIONER(S): --------------- G.BOVAS, PANDIMAMVILA HOUSE, KOKKUZHIKUNNU, MANIYANKODE.P.O, KALPETTA, WAYANAD. BY ADV. SRI.P.BABU KUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY SECRETARY TO LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE VENGAPPILLY GRAMA PANCHAYAT, REP.BY ITS SECRETARY, VENGAPPILLY.P.O, WAYANAD DISTRICT. 3. THE DEPUTY DIRECTOR OF PANCHAYAT, KALPETTA, WAYANAD. 4. P.MOHANDAS, MEMBER, VENGAPPILLY GRAMA PANCHAYAT, VENGAPPILLY.P.O, WAYANAD DISTRICT. 5. KOTTATHARA GRAMA PANCHAYAT, REP.BY ITS SECRETARY, KOTTATHARA.P.O, WAYANAD DISTRICT. ADV. SRI.A.K.SRINIVASAN FOR R2 SRI.A.S.BENOY FOR R2 SRI.A.K.SRINIVASAN FOR R5 SRI.A.S.BENOY FOR R5 GOVERNMENT PLEADER SRI.K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 1041 of 2010(E) PETITIONER'S EXTS: EXT.P1: COPY OF SALE DEED NO.1885/01 DTD.18.7.2001 EXT.P2: COPY OF FORM NO.59 ISSUED BY SUB REGISTRAR, KALPETTA DATED 21.7.2001 EXT.P3: COPY OF RECEIPT ISSUED BY R2 DTD.24.5.2003 EXT.P4: COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO R2 DATED 29.3.2004 EXT.P5: COPY OF INTIMATION ISSUED BY ENUMERTOR DTD.1.10.2001 EXT.P6: COPY OF REPRESENTATION SUBMITTED TO THE CHIEF MINISTER DTD. 30.9.2004 EXT.P7: COPY OF RECEIPT ISSUED BY THE DISTRICT COLLECTOR DTD.18.9.2004 EXT.P8: COPY OF ORDER PASSED BY R2 DATED 11.10.2004 EXT.P9: COPY OF ORDER PASSED BY R3 DTD.11.10.2004 EXT.P10: COPY OF REPRESENTATION SUBMITTED TO THE CHIEF MINISTER DTD.2.12.2004 EXT.P11: COPY OF NOTIFICATION ISSUED BY R5 IN MALAYALA MANORAMA DAILY DTD.4.11.2008 EXT.P12: COPY OF REPRESENTATION SUBMITTED TO R2 DTD.12.11.2009 EXT.P13: COPY OF REPRESENTATION SUBMITTED TO R4 DTD.9.11.2009 EXT.P14: COPY OF APPLICATION SUBMITTED BY THE PETITIONER DTD.11.3.2011 EXT.P15: COPY OF REPLY ISSUED BY R2 DTD. 23.3.2011 RESPONDENTS EXTS: NIL /TRUE COPY/ P.A.TO JUDGE HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 1041 of 2010 --------------------------------------- Dated this the 26th day of August 2011. JUDGMENT Ext.P9 order passed by the 3rd respondent is under challenge. 2. The case of the petitioner is that he has purchased house No. V.P.1/110 in old survey No.53/1, 54,55 (Resurvey No.351/30) as per document No. 1885/2001 of SRO Kalpetta, after the purchase of the property he approached 2nd respondent Panchayat for change of entry regarding the ownership of the building. Petitioner submitted the sale deed and other documents for the purpose of change of necessary entries in the Panchayat records. Ext.P1 is the copy of the Sale Deed in favour of the petitioner. Ext.P2 is the copy of the form No. 59 Order No. 379. Ext.P3 is the receipt issued by the Panchayat. Ext.P5 is the intimation issued by the enumerator. The aforesaid documents are marked as Exts.P1, P2, P3 & P5 respectively in the writ petition. 3. Learned counsel for the 2nd and 5th respondents submits that the petitioner has not produced the relevant documents along with application. Ext.P9 order was passed rejecting the application for the W.P.(C) No.1041/2010 2 reason that the petitioner failed to produce the documents necessary for considering his claim. 4. Learned counsel for the petitioner submits that the petitioner is prepared to produce all the documents including the original of Ext.P1 Sale deed before the Secretary/2nd respondent Panchayat and therefore prayed that a direction may be issued to the Secretary to consider the matter afresh and pass appropriate orders. In the circumstance, the writ petition is disposed of directing the Secretary/2nd respondent Panchayat to reconsider the matter afresh and pass appropriate orders in case the petitioner produce all the documents in support of the application for transfer of ownership. Petitioner shall also produce notarised copy of the sale deed in his favour for perusal with original sale deed and after verification he can take back the original sale deed on the same day. HARUN-UL-RASHID JUDGE al