Single Judge direction to the 1st respondent to notice, hear, and dispose of the petitioner's application within three months without adjudicating merits.
Directed the 1st respondent to issue notices, hear parties, and dispose of Ext.P4 application within three 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 DEVAN RAMACHANDRAN
WEDNESDAY, THE 5TH DAY OF JANUARY 2022 / 15TH POUSHA, 1943
WP(C) NO. 117 OF 2022
PETITIONER:
SOBHA ROY ROY NIVAS, PERINAD P.O, THRIKKADAVOOR VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT - 691601. BY ADVS. R.KRISHNA RAJ E.S.SONI KUMARI SANGEETHA S.NAIR RESMI A.
RESPONDENTS:
1 INSPECTOR GENERAL OF REGISTRATION OFFICE OF THE INSPECTOR GENERAL OF REGISTRATION EXMAYOR R BALAKRISHNAN NAIR ROAD, NEAR DISTRICT COURT, VANCHIYOOR, THIRUVANANTHAPURAM, KERALA - 695035. 2 SUB - REGISTRAR OFFICER, SUB REGISTRAR OFFICE, KOTTAYAM - 691571. 3 SHERIFFKUTTY AGED 55 YEARS S/O. ISMAYIL KUNJU, CHARUVILA PUTHENVEEDU, KOTTIYAM P.O, NADUVILAKKARA, MAYYANAD VILLAGE, KOLLAM - 691571. 4 BIJI PLAVILA VEEDU, MUKHATHALA, KOLLAM - 691577. SMT. K.AMMINIKUTTY SR.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 117 OF 2022
2
JUDGMENT
The singular prayer made by the petitioner in
this writ petition is that 1st respondent be directed to take up Ext.P4 representation and dispose of the same, within a time frame to be fixed by this Court.
Smt.K.Amminikutty, responded to the afore request made on behalf of the petitioner by Smt.E.S.Soni – learned counsel for the petitioner, saying that if
the petitioner only requires Ext.P4 to be taken up and disposed of by the 1st respondent, there does not appear to be any legal impediment in doing so; however, praying that this Court may not make any affirmative declaration in favour of the petitioner and leave it to the said respondent to take an appropriate decision thereon, as per law. She added that, while doing so, the 1st respondent
may also be allowed to issue appropriate notices to respondents 3 and 4 and to hear them.
WP(C) NO. 117 OF 2022
3
In the afore circumstances, I order this
writ petition and direct the 1st respondent to issue notices to the petitioner, as well as to respondents 3 and 4, and hear them; thus leading to the disposal of Ext.P4 application of the
petitioner appropriately, as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment.
Needless to say, since this Court has not entered into the merits of any of the contentions of the parties, they are all left open to be pursued before the 1st respondent, while the afore exercise is completed.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS/05/01/2022
WP(C) NO. 117 OF 2022
4
APPENDIX OF WP(C) 117/2022
PETITIONER'S EXHIBITS
Exhibit P1 COPY OF THE SALE DEED NO.2095/2018 DATED 06.09.2018. Exhibit P2 COPY OF THE SALE DEED NO.588/2019 DATED 08.03.2019. Exhibit P3 COPY OF THE JUDGMENT IN OA 61/2018 OF THE SUB COURT KOLLAM DATED 02.12.2020. Exhibit P4 COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 13.12.2021.
1 issue framed by the court
Whether the 1st respondent must be directed to take up Ext.P4 representation and dispose of it within a fixed time frame?
SOBHA ROY ROY NIVAS
INSPECTOR GENERAL OF REGISTRATION OFFICE
SHERIFFKUTTY
BIJI PLAVILA VEEDU
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
