IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 WP(C).No. 17357 of 2011(T) -------------------------- PETITIONER(S): --------------- MOHAMMED MOIDEEN KUNDIL, S/O. ABOOBACKER, KUNDIL CHUNGAM VEETIL, PUNNATHALA.P.O, MALAPPURAM DISTRICT. BY ADV. SRI.VARGHESE K.PAUL SRI.R.KRISHNAKUMAR (CHERTHALA) SRI.N.RAGHUNATH RESPONDENT(S): --------------- 1. VILLAGE OFFICER, EDAPALLY SOUTH VILLAGE, VILLAGE OFFICE, EDAPPALLY OUTH VILLAGE, ERNAKULAM - 682 024 2. THAHSILDAR, TALUK OFFICE, KANAYANNUR, ERNAKULAM DISTRICT - 682 011. 3. DISTRICT COLLECTOR, ERNAKULAM DISTRICT, CIVIL STATION, KAKKANAD, ERNAKULAM - 682 030. 4. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 5. M/S. SAMRAT ENTERPRISES (REG NO. 2860/1994) REP. BY ITS MANAGING PARTNER, A.S. MANI @ MANI IDICULA, 36/2307, IRUKUZHIYIL, NEAR THEKKUMTHALA ROAD, KOCHI - 682 017. 6. VARGHESE MANI, S/O. A.S. MANI, 36/2307, IORUKUZHIYIL, NEAR THEKKUMTHALA ROAD, KOCHI -682 017. GP SRI. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17357 of 2011 APPENDIX EXHIBITS EXT.P1- A TRUE COPY OF THE SALE DEED AS DOCUMENT NO.85 OF 2011 OF SUB REGISTRY OFFICE, EDAPPALLY EXT.P2- A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 22.12.10 IN RESPECT OF PROPERTY IN SY.NO.128/9/1 OF EDAPPALLY SOUTH VILLAGE EXT.P3- A TRUE COPY OF THE TAX RECEIPT DATED 20.12.10 IN RESPECT OF PROPERTY IN SY.NO.128/9/1 OF EDAPPALLY SOUTH VILLAGE EXT.P4- A TRUE COPY OF THE CERTIFICATE ENCUMBRANCE OF PROPERTIES DATED 28.3.2010 IN SY.NO.128/9/1 OF EDAPPALLY SOUTH VILLAGE EXT.P4(a)- A TRUE COPY OF THE CERTIFICATE OF ENCUMBRANCE OF PROPERTIES DATED 28.3.2010 IN SY.NO.128/9/1 OF EDAPPALLY SOUTH VILLAGE EXT.P5- A TRUE COPY OF THE LOCATION PLAN CERTIFICATE OF PROPERTY IN SY.NO.128/9/1 OF EDAPPALLY SOUTH VILLAGE EXT.P6- A TRUE COPY OF THE SALE DEED DATED 6.12.01 EXECUTED BETWEEN THE 5TH RESPONDENT AND NIKILKUMAR IN RESPECT OF 0.4.CENTS EXT.P7- A TRUE COPY OF THE FORM NO.1 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT DATED NIL EXT.P8- A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE FIRST RESPONDENT DATED 10.1.2011 (True Copy) P.A. To Judge P.R.RAMACHANDRA MENON, J ....................................................... W.P.(C).17357/2011 .............................................. Dated this the 28th day of June, 2011 JUDGMENT Petitioners have approached this Court with the following prayers:- (i). Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 and 2 to act upon Ext.P7 (Form No.1) submitted by the petitioners in respect of 4.24 ares of property in Sy.No.128/9/1 of Edappally South Village covered as per document No.85 of 2011 of Sub Registry Office, Edappally forthwith and take action thereon in accordance with the Transfer of Registry Rules, 1966. (ii). Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to consider and pass orders on the request as per Ext.P8 within the time limit fixed by this Honourable Court 2. The learned counsel for the petitioners submits that the petitioners will be satisfied if a direction is given to the second respondent to have Ext.P7 application considered and decided on merits, within a reasonable time. W.P.(C).17357/11 2 3. Heard the learned Government Pleader as well. 4. Considering the limited nature of relief pressed before this Court, it is neither necessary to go into the facts and figures as narrated in the writ petition, nor is it necessary to issue notice to respondents 5 and 6 for the time being. The writ petition is accordingly disposed of directing the second respondent to consider Ext.P7 and pass appropriate orders in accordance with law, after giving an opportunity of hearing to the petitioners, respondents 5 & 6 and others if any, concerned with the issue. Proceedings shall be finalized as above, as expeditiously as possible, at any rate, within 'two months' from the date of production of a copy of this judgment, along with the copy of the writ petition, by the petitioner. P.R.RAMACHANDRA MENON, Judge mrcs