IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 WP(C).No. 38475 of 2003(E) ------------------------------------ PETITIONER: ------------------ THEKKUMBHAGOM GRAMAPANCHAYATH REPRESENTED BY ITS SECRETARY T. SARASWATHY W/O. S.R.CHANDRAN, AGED 47 YEARS, RESIDING AT CHANDRASARAS, PUNCHAKKARI, THIRUVALLAM, THIRUVANANTHAPURAM. BY ADV. SRI.P.V.VENUGOPAL RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY INSPECTOR GENERAL OF REGISTRATION VANCHIYOOR, THIRUVANANTHAPURAM. 2. DISTRICT REGISTRAR (GENERAL), KOLLAM. 3. DISTRICT COLLECTOR, KOLLAM. 4. VILLAGE OFFICER, THEKKUMBHAGOM, CHAVARA SOUTH. 5. SMT. YUSAPHIN, D/O. JAIN, AGED 38 YEARS, KONIKKAL HOUSE, VADAKUMBHAGOM MURI, THEKKUMBHAGOM VILLAGE CHAVARA SOUTH. 6. JAIN, D/O. KATHRINA, AGED 72 YEARS, KONIKKAL HOUSE, VADAKKUMBHAGOM MURI, THEKKUMBHAGOM VILLAGE, CHAVARA SOUTH. 7. JOHN, S/O. XAVIER, AGED 53 YEARS KONIKKAL HOUSE, VADAKKUMBHAGOM MURI THEKKUNBHAGOM VILLAGE, CHAVARA SOUTH. GOVERNMENT PLEADER SRI. NOBLE MATHEW ADV. SRI.K.K.JOHN FOR R5 TO 7. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 38475/2003 E APPENDIX PETITIONER'S EXHIBITS : EXT.P1. COPY OF THE RELINQUISHMENT GIVEN BY XAVIER IN FORM A UNDER RULE DATED 26/12/87. EXT.P2. COPY OF THE CERTIFICATE REGARDING BUILDING NO. TPX /379. EXT.P3. COPY OF THE THANDAPER REGISTER DT. 10/08/2001 INFAVOUR OF R5 TO R7. EXT.P4. COPY OF THE SKETCH REGARDING THE NAURE AND LIE OF PROPERTY. EXT.P5. COPY OF THE RELEASE DEED BEARING DT. 3/7/2003 NO. 4905/2002 DT. 19/12/2002. EXT.P6. COPY OF THE REPRESENTATION GIVEN TO THE COLLECTOR DT. 19/11/2003. RESPONDENTS' EXHIBITS : NIL. / TRUE COPY / tga KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.38475 of 2003 ---------------------------------------------- Dated 29th August, 2008. J U D G M E N T The writ petition is filed mainly with the following prayers :- (i) “To call for all records leading to issuance of Ext.P5 and all related documents of Ext.P5 issued by respondent No.4 and issue a writ of certiorari or any appropriate writ or order in the nature of certiorari and to quash the same. (ii) Issue a writ of mandamus or any appropriate writ, order, direction or command in the nature of mandamus directing respondents 1 to 4 call forth and to issue a command to the respondents 1 to 4 declare Ext.P5 as null and void and to cancel the consequential mutation.” Ext.P5 is a document registered at the Sub Registrar Office, Chavara on 19.12.2002. It is presented after complying with the provisions under the Registration Act and Rules. The registering authority has no authority to adjudicate on the question of title. It is for the petitioner to pursue the matter before the civil court. Without prejudice to such liberty, this writ petition is dismissed. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.38475 of 2003 ---------------------------------------------- J U D G M E N T Dated 29th August, 2008.