JAYASREE AND ORS. Vs. RAJAN AND ORS.

JUDGEMENT

(1.) THIS writ appeal is preferred by the Petitioners in R.P. No. 365 of 2011, which was filed seeking review of the judgment in W.P.(C) No. 5022 of 2011 dated 17.02.2011. By the judgment in the writ petition, to which the appellants were not parties, the learned Single Judge directed the 2nd Respondent herein to effect change in the registry and accept tax from the legal heirs of the deceased original owner and it was further directed that steps shall be finalized within one week from the date of receipt of a copy of the judgment. Thereafter, the appellants herein approached the learned Single Judge by filing R.P. No. 365 of 2011, seeking to review the judgment passed in the writ petition, which was dismissed holding that no interference is called for in the judgment. At the same time, it was observed that it would be open to the parties to approach the concerned Civil Court to establish their rights over the properties and that it will not be fettered consequent on the transfer of registry so effected by the appropriate statutory authority. It is aggrieved by the judgment and the order passed in the Review Petition, the appellants have filed this appeal.

(2.) BRIEF facts for the disposal of the appeal are as follows:

(3.) IT was the further case of the 1st Respondent that his father was regularly paying tax till his death and during his life time no other person had claimed right over the property. Thus being apprehensive of the attitude of the 2nd Respondent, they preferred a complaint before the 3rd Respondent Tahsildar, Pathanapuram Taluk, Kollam, who did not take any action pursuant to the complaint. In such circumstances, he was compelled to approach the 4th Respondent, Revenue Divisional Officer, Kollam. Thereupon, the 4th Respondent called for reports from 2nd and 3rd Respondents and after ascertaining that the 1st Respondent and three others were the only legal heirs of deceased Kesavan, directed the 2nd Respondent to take necessary action on the representation made by the 1st Respondent and others as per Ext.P1 order dated 07.05.2010.