Petitioner sought a certificate to evidence possession of disputed land under Rule 28 of Transfer of Registry Rules. Court directed the Tahsildar to hear parties and decide the application within two months.
Direction to respondent Tahsildar to hear parties and decide application within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 05TH DAY OF MARCH 2019 / 14TH PHALGUNA, 1940
WP(C).No.4808 of 2019
PETITIONER:
C.K.ALEXANDER, AGED 72 YEARS S/O KAKO, CHILLIKUTTATHIL HOUSE, EDAMPADAM, VARAPUZHA P.O., PIN CODE 683 517, ERNAKULAM DISTRICT
BY ADVS. SRI.V.A.PRADEEP KUMAR SHRI. ANOOP KRISHNA SMT.JENNY THANKAM
RESPONDENTS:
2 TAHSILDAR, OFFICE OF THE TAHASILDAR, NORTH PARUR, NORTH PARUR P.O., PIN CODE 683 513.
3 VILLAGE OFFICER, VARAPUZHA, VARAPUZHA P.O., PIN CODE 683 517.
4 MRS.ALIS, AGED 65 YEARS W/O AUGUSTINE, CHILLIKUTTATHIL HOUSE, EDAMPADAM, VARAPUZHA P.O., PIN CODE 683 517,ERNAKULAM DISTRICT 5 NISHA, AGED 40 YEARS D/O AUGUSTINE, CHILLIKUTTATHIL HOUSE, EDAMPADAM, VARAPUZHA P.O., PIN CODE 683 517, ERNAKULAM DISTRICT
6 GIGI, AGED 38 YEARS D/O AUGUSTINE, CHILLIKUTTATHIL HOUSE, EDAMPADAM, VARAPUZHA P.O.PIN CODE 683 517, ERNAKULAM DISTRICT.
W.P.(C) No.4808/2019
2
7 ANTONY, AGED 42 YEARS S/O AUGUSTINE, CHILLIKUTTATHIL HOUSE, EDAMPADAM, VARAPUZHA P.O.PIN COE - 683 517, ERNAKULAM DISTRICT.
BY ADVS. SRI.ANOOP.V.NAIR SRI.M.S.SANDEEP SUDHAKARAN
OTHER PRESENT:
SRI.S.GOPINATHAN, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.4808/2019
3
J U D G M E N T
The petitioner claims that he is in possession of two cents of land in survey No.289/1A of Varapuzha village. The petitioner is conducting a workshop.
Anyhow, the 2nd respondent-Tahsildar is bound to take a decision on the application in accordance with law, after hearing the petitioner and the party respondents. Appropriate decision shall be taken within a period of two months, after hearing both sides.
This writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
smp
W.P.(C) No.4808/2019
4
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PETITION FILED BEFORE THE 2ND RESPONDENT BY THE PETITIONER DATED 15.1.2019
RESPONDENTS' EXHIBITS: NIL.
True Copy
P.S to Judge
smp
2 issues framed by the court
Whether the petitioner has a bona fide claim to possession to obtain a certificate under Rule 28 of Transfer of Registry Rules
Whether the 2nd respondent is bound to entertain the application and decide it within two months after hearing
1 provisions across 1 enactments
C.K.ALEXANDER
DISTRICT COLLECTOR, ERNAKULAM
TAHSILDAR, NORTH PARUR
VILLAGE OFFICER, VARAPUZHA
MRS.ALIS
NISHA
A.MUHAMMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
