MAR DR. SEBASTIAN THEKKETHECHERIL Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners purchased land in Vagamon Village in Peermade Taluk, Idukki District as per Registered Sale Deed of the office of the Sub Registrar, Peermade during the years 2007, 2014, 2016 respectively. After the registration of the documents petitioner approached the respondents 2 and 3 and submitted application for effecting transfer of registry in accordance with the provisions of the Transfer of Registry Rules, 1966, evident from Exts.P4 and P4(a) applications. However, requests were turned down as per Exts. P5, P5(a) and P5(b) orders dated 19.10.2016, 6.10.2016 and 18.10.2016. It is thus challenging the said orders, this writ petition is filed.

(2.) Heard learned Senior Counsel for the petitioners and Senior Government Pleader and perused the documents on record and pleadings put forth by the respective parties.

(3.) The predominant contention advanced by the learned counsel for the petitioner is that Exts.P5, P5 (a) and P5(b) orders are passed by the 3rd respondent without taking note of the principles of law laid down by this Court in the judgment reported in Devassia v. Sub Registrar 2015 (1) KLT (825), wherein the same question was considered and held that merely because of the lands are purchased by the petitioners from a large extent of property the same will not dissuade the authorities from effecting transfer of registry and issuing possession certificates.