IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 WP(C).No. 34438 of 2009(Y) -------------------------- PETITIONER(S): --------------- BIJU, S/O.SASI, AGED 28 YEARS, ROADARIKATHU VEEDU, KAKKATHUKI NIRAPPU, VELLARADA VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. RESPONDENT(S): --------------- 1. THE TAHSILDAR, NEYYATTINKARA TALUK, TALUK OFFICE, NEYYATTINKARA, THIRUVANANTHAPURAM. 2. THE VILLAGE OFFICER, VELLARADA VILLAGE, VELLARADA, THIRUVANANTHAPURAM. 3. THE STATE BANK OF TRAVANCORE, KUDAPPANAMOODU BRANCH, KUDAPPANAMOODU P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS BRANCH MANAGER. 4. THE MANAGER, STATE BANK OF TRAVANCORE, KUDAPPANAMOODU BRANCH, KUDAPPANAMOODU P.O., THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 34438 OF 2009 -------------------------- Dated this the 7th day of December, 2009 J U D G M E N T The petitioner purchased a parcel of land 13.36 ares in extent, situated in Sy.No.760/1/3/4 (Re-Sy.No.329/2/1) of Vellarada Village, Neyyatinkara Taluk, Thiruvananthapuram District. The petitioner thereafter applied to the second respondent to effect mutation in the revenue records for the reason that the petitioner's vendor had obtained a possession certificate and location sketch to avail loan from State Bank of Travancore, Kudappanamoodu Branch, on the security of the said parcel of land, the second respondent sent Ext.P2 letter dated 15.6.2009 to the fourth respondent requesting him to ascertain whether any amount is due from Sri.Wilson, son of Ramaswamy Nadar. When no reply was forth coming to Ext.P2 letter, the petitioner caused Ext.P3 notice to be issued to the fourth respondent requesting him to sent a reply to Ext.P2 letter. This writ petition was thereafter filed seeking a direction to respondents 3 and 4 to send a reply to Ext.P2 letter. In the alternative, the petitioner seeks a direction to respondents 1 and 2 to effect transfer of registry in respect of the land described in the W.P.(C) No. 34438/09 2 writ petition. 2. When this writ petition came up for admission on on 1.12.2009, the learned standing counsel appearing for State Bank of Travancore was requested to get instructions. Today when the case came up for further hearing, the learned standing counsel submitted that instructions have not been received. By Ext.P2 letter dated 15.6.2009, the Village Officer, Vellarada Village requested the fourth respondent to state whether any amount is due from Sri.Wilson. More than five month have passed thereafter. In view of the failure of the fourth respondent to reply to Ext.P2 letter, the petitioner's application for transfer of registry is kept pending. The second respondent has in Ext.P2 letter stated that Sri. Wilson, son of Ramaswamy Nadar, had earlier obtained a possession certificate in order to enable him to avail loan from the State Bank of Travancore, Kudappanamoodu Branch whether on the security of the property described in Ext.P2 letter, the State Bank of Travancore, Kudappanamoodu, has disbursed any loan to Sri. Wilson, son of Ramaswamy Nadar, is a matter which could have been easily ascertained during the past five months. It is evident from the W.P.(C) No. 34438/09 3 conduct on the part of the fourth respondent in not replying to Ext.P2 letter that State Bank of Travancore, Kudappanamoodu, has no claim over the lands described in Ext.P2. In such circumstances, I dispose of this writ petition with a direction to respondents 1 and 2 to take steps to effect transfer of registry in favour of the petitioner, without waiting for any reply from respondents 3 and 4. Necessary steps in that regard shall be taken and completed within one month from the date on which the petitioner produces a certified copy of this judgment before the first respondent. P.N.RAVINDRAN, JUDGE vps