JANARDHANAN Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) The petitioner claims that he has obtained 43 cents of land on the basis of Exts.P1 to P3 documents and that he has also been remitting land tax in respect of the above said property covered by Ext.P1 as is discernible from Ext.P4 land tax receipt dated 18.4.2017. It is stated by the petitioner's counsel that the petitioner has not so far mutated the properties so far, which were obtained as per Ext.P2 sale deed No.3362/1974 of Chalakkudy SRO and Ext.P3 release deed No.3811/1982 of Chalakkudy SRO. Now the petitioner intends to convey the properties covered by Exts.P1, P2 and P3 and for that purpose the officials of the 4th respondent are insisting that the petitioner should produce the Record of Rights (ROR) in respect of the properties. Ext.P5 is the application dated 11.7.2018 submitted by the petitioner for issuance of ROR in respect of the properties covered by Exts.P1, P2 and P3. The petitioner's counsel further submits that since the properties covered by Exts.P2 and P3 have not so far been mutated in favour of the petitioner, it will be ensured that the petitioner will immediately file the requisite applications, before the 2nd respondent Tahsildar for mutation of those properties in terms of the provisions contained in the Transfer of Registry Rules. The petitioner submits that necessary directions may be issued to the 3rd respondent to issue the ROR in respect of the above said properties as made out in Ext.P5 application, on the basis of the mutation already effected in respect of the property covered by Ext.P1 deed and on the basis of the mutation to be effected in respect of the other properties mentioned herein above. It is in the light of these aspects that the petitioner has filed this instant writ petition with the following prayers:-

(2.) Heard Sri.Sadchith P.Kurup, learned counsel appearing for the writ petitioner and Sri.K.P.Madhu, learned Government Pleader appearing for the respondents.

(3.) As the petitioner has not so far effected mutation in his favour in respect of the properties covered by Exts.P2 and P3, it is for him to get those properties also mutated, before he can seek ROR as requested in Ext.P5 application filed before the 3rd respondent-Village Officer. The petitioner's counsel submits that there is urgency in the matter as he has to convey the property to a third person. Accordingly it is ordered that in case the petitioner files the requisite applications for mutation of the properties covered by Exts.P2 and P3 before the 2nd respondent-Tahsildar or the competent authority under the Transfer of Registry Rules, along with all supporting materials, then the said Authority will ensure that necessary action is taken on that request and steps will be taken to consider the same and pass orders on such application finalising the request therein, without much delay preferably within a period of three months.