LAWS(KER)-2018-11-461

JOBY MATHEW Vs. STATE OF KERALA

Decided On November 16, 2018
Joby?Mathew Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The prayers in the above Writ Petition (Civil) are as follows:

(2.) Heard Sri.Saijo Hassan learned counsel appearing for the petitioner and Sri.Saigi Jacob Palatty, learned Senior Govt. Pleader appearing for the respondents.

(3.) The petitioner had approached the 4th respondent Village Officer, seeking transfer of registry in respect of the property concerned in his name on the basis of Ext.P1 registered sale deed dated 07.05.2015, of SRO Kallettumkara. The petitioner had purchased the said property covered by Ext.P1 sale deed from one Smt.Sharadha. The matter was referred to 3rd respondent Additional Tahsildar, who has taken the objection that the transfer of the property in favour of the petitioner as per Ext.P1 sale deed dated 07.05.2015 has been made in violation of the specific conditions in Ext.P3 patta, wherein it is stipulated that the land is not alienable. It appears that the property covered by Ext.P1 sale deed was the one covered by Ext.P3 patta issued to the original pattadhar concerned, and later, the petitioner had obtained the said property as per the above said sale deed.