IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 WP(C).No. 20916 of 2010(L) -------------------------------------- PETITIONER: ------------------- RAPPAI K.O, S/O.OUSEPH, KALLARAIKKAL HOUSE, MISSION QUARTERS, MUDOOPALAM, THRISSUR. BY ADV. SRI.JIJO PAUL. RESPONDENTS: ------------------------ 1. THE VILLAGE OFFICER, KUZHALMANDAM. 2. THE TAHSILDAR, ALATHOOR, PALAKKAD DISTRICT. R1 & R2 BY GOVT. PLEADER SRI. DILEEP MOHAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.20916/2010-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P1.: COPY OF THE ASSIGNMENT DEED NO.5246/2009, UNDER WHICH THE PETITIONER AND HIS SON PURCHASED THE PROPERTY WHEREIN C.A. SCHOOL, KUZHALMANNAM. EXT.P.2: COPY OF THE ASSIGNMENT DEED NO. 5245/2009 UNDER WHICH THE PETITIONER AND HIS SON PURCHASED THE PROPERTY WHEREIN C.A. SCHOOL, KUZHALMANNAM. EXT.P.3: COPY OF THE ASSIGNMENT DEED NO. 5247/2009 UNDER WHICH THE PETITIONER AND HIS SON PURCHASED THE PROPERTY WHEREIN C.A. SCHOOL, KUZHALMANNAM. EXT.P.4: COPY OF THE ORDER DTD. 29/04/2010 ISSUED BY THE R.1. EXT.P.5: COPY OF THE REPRESENTATION, DTD. 11/05/2010 MADE BY THE PETITIONER BEFORE THE R.2. EXT.P.6: COPY OF THE ORDER NO.F1-4427/2010 DTD. 21/06/2010 PASSED BY THE R.2. EXT.P.7: COPY OF THE COMMUNICATION D. NO. 1691/2010 ISSUED BY THE 1ST ADDITIONAL SUB JUDGE, THRISSUR TO THE SUB REGISTRAR, KUZHALMANNAM. EXT.P.8: COPY OF THE COMMUNICATION D. NO. 1688/2010 ISSUED BY THE 1ST ADDITIONAL SUB JUDGE, THRISSUR TO THE SUB REGISTRAR, KUZHALMANNAM. EXT.P.9: COPY OF THE COMMUNICATION DTD. 09/02/2010, D. NO. 466/2010 ISSUED BY THE 1ST ADDITIONAL SUB JUDGE, THRISSUR TO THE SUB REGISTRAR, KUZHALMANNAM. EXT.P.10: COPY OF THE COMMUNICATION DTD. 09/02/2010 D. NO. 1691/2010 ISSUED BY THE 1ST ADDITIONAL SUB JUDGE, THRISSUR TO THE SUB REGISTRAR, KUZHALMANNAM. EXT.P.11: COPY OF THE COMMUNICATION DTD. 09/02/2010 ISSUED BY THE 1ST ADDITIONAL SUB JUDGE, THRISSUR TO THE SUB REGISTRAR, KUZHALMANNAM. EXT.P.12: COPY OF THE COMMUNICATION DTD. 09/02/2010, D. NO. 464/2010 ISSUED BY THE 1ST ADDITIONAL SUB JUDGE, THRISSUR TO THE SUB REGISTRAR, KUZHALMANNAM. EXT.P.13: COPY OF THE COMMUNICATION DTD. 08/02/2010 D. NO. 460/2010 ISSUED BY THE PRINCIPAL SUB JUDGE, THRISSUR TO THE SUB REGISTRAR, KUZHALMANNAM INTIMATING. W.P.(C). NO.20916/2010-L: EXT.P.14: COPY OF THE COMMUNICATION DTD. 09/02/2010, D.NO.463/2010 ISSUED BY THE 1ST ADDITIONAL SUB JUDGE, THRISSUR TO THE SUB REGISTRAR, KUZHALMANNAM. EXT.P.15: COPY OF THE COMMUNICATION DTD. 09/02/2010 D. NO. 462/2010 ISSUED BY THE 1ST ADDITIONAL SUB JUDGE, THRISSUR TO THE SUB REGISTRAR, KUZHALMANNAM. EXT.P.16: COPY OF THE COMMUNICATION DTD. 08/02/2010 D. NO.461/2010 ISSUED BY THE PRINCIPAL SUB JUDGE, THRISSUR TO THE SUB REGISTRAR, KUZHALMANNAM. EXT.P.17: COPY OF THE COMMUNICATION DTD. 29/01/2010, D.NO.341/2010 ISSUED BY THE 1ST ADDITIONAL SUB JUDGE, THRISSUR TO THE SUB REGISTRAR, KUZHALMANNAM. EXT.P.18: COPY OF THE COMMUNICATION DTD. 29/01/2010, D. NO. 344/2010 ISSUED BY THE 1ST ADDITIONAL SUB JUDGE, THRISSUR TO THE SUB REGISTRAR, ALATHUR. EXT.P.19: COPY OF THE COMMUNICATION DTD. 24/02/2010, D. NO. 672/2010 ISSUED BY THE PRINCIPAL SUB JUDGE, THRISSUR TO THE SUB REGISTRAR, KUZHALMANNAM. EXT.P.20: COPY OF THE COMMUNICATION DTD. 16/04/2010, D. NO. 1079/2010 ISSUED BY THE IIND ADDITIONAL SUB JUDGE, THRISSUR TO THE SUB REGISTRAR, KUZHALMANNAM. EXT.P.21: COPY OF THE TAX RECEIPT DT. 05/06/2006 ISSUED BY THE VILLAGE OFFICER, VADAKKANCHERY. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.20916 of 2010 (L) --------------------------------- Dated, this the 6th day of September, 2010 J U D G M E N T Challenge in the writ petition is against Ext.P6 order dated 21/06/2010 passed by the 2nd respondent rejecting an application made by the petitioner for making entries in the revenue records, as per the provisions of the Transfer of Registry Rules. 2. The request of the petitioner has been rejected on the ground that there are certain attachments over the property obtained by certain private individuals. The respondents have no case that the property is not in the name of the petitioner or that the title of the petitioner is defective for any other reason. If that be so, the fact that there are some attachments in respect of the property by itself is not a reason to reject the application made by the petitioner. 3. Therefore, Ext.P6 order is quashed and the 2nd respondent is directed to pass fresh orders on the application made by the petitioner for effecting entries as per the Transfer of Registry WP(C) No.20916/2010 -2- Rules, as expeditiously as possible, at any rate, within six weeks of production of a copy of this judgment. Be that as it may, it is made clear that despite allowing the request, it will also be open to the 2nd respondent to indicate the attachment if any, encumbrance certificate or possession certificate or such other documents issued from his Office. The petitioner shall produce a copy of this judgment before the 2nd respondent for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg