IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 WP(C).No. 27722 of 2009(I) ---------------------------------------- PETITIONER(S): ------------------------- N.AMBIKA, PANAKKALPADATHU HOUSE, CHERTHALA SOUTH P.O., CHERTHALA. BY ADV.MR.J.OM PRAKASH RESPONDENT(S): --------------------------- 1. THE REVENUE DIVISIONAL OFFICER, ALAPPUZHA. 2. THE TAHSILDAR, CHERTHALA. 3. THE ADDITIONAL TAHSILDAR, CHERTHALA. 4. THE VILLAGE OFFICER, CHERTHALA SOUTH VILLAGE, CHERTHALA SOUTH P.O., CHERTHALA. R1 TO R4 BY GOVERNMENT PLEADER MR. K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.27722/2009 I APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SALE DEED NO.1701/2008 DTD. 3/06/2008. P2: COPY OF THE TAX RECEIPT DTD. 30/05/2008. P3: COPY OF THE RECEIPT FOR THE PAYMENT OF P.V.FEES DTD.4/7/2008 ISSUED BY THE 4TH RESPONDENT. P4: COPY OF THE REPRESENTATION DTD. 4/08/2009. P5: COPY OF THE LETTER DTD. 29/08/2009 OF THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 27722 OF 2009 -------------------------- Dated this the 25th day of November, 2009 J U D G M E N T The petitioner purchased a parcel of land as per Ext.P1 sale deed dated 3.6.2008. She thereafter submitted an application on 4.7.2008 before the fourth respondent Village Officer to effect mutation in the revenue records. The Village Officer forwarded the application after enquiry to the Tahsildar, Cherthala. The Tahsildar in turn forwarded it to the Revenue Divisional Officer, Alappuzha. At that stage the petitioner submitted Ext.P4 representation dated 4.8.2009 requesting the Tahsildar to effect mutation in the revenue records. The Tahsildar thereupon sent Ext.P5 letter dated 29.8.2009 informing the petitioner that orders can be passed only after the views of the Revenue Divisional Officer are ascertained. In this writ petition, the petitioner seeks a direction to the Village Officer, Cherthala to effect the mutation in the revenue records based on Ext.P1 sale deed. 2. It is evident from Ext.P5 that the petitioner has applied for transfer of registry. The petitioner purchased the land as per Ext.P1 sale deed. The application to effect transfer of registry was made on 4.7.2008. More than one year has passed thereafter. As per the Transfer of Registry Rules, 1966, the Tahsildar is competent to pass orders on the W.P.(C) No. 27722/09 2 petitioner's application. The Tahsildar has however declined to pass orders for the reason that views of the Revenue Divisional Officer have to be ascertained. In my opinion, the procedure adopted by the second respondent is not proper. The Revenue Divisional Officer is the appellate authority under the Transfer of Registry Rules competent to entertain appeals from orders passed by Revenue Inspectors. An appeal lies from the order of the Tahsildar only to the District Collector. The Revenue Divisional Officer cannot therefore exercise any appellate or supervisory powers in respect of the petitioner’s application for transfer of registry made to the Tahsildar. In such circumstances, I dispose of this writ petition with a direction to the second respondent to consider the application for transfer of registry submitted by the petitioner and pass orders thereon expeditiously and in any event within six weeks from the date on which the petitioner produces a certified copy of this judgment before him. P.N.RAVINDRAN, JUDGE vps