PUSHPADHARAN Vs. CIRCLE INSPECTOR OF POLICE AND OTHERS

JUDGEMENT

(1.) These writ petitions concern transfer of registry effected in favour of the petitioner in W.P.(C) No.42132 of 2017, namely, Sri.Prince T.M. and also to incidental disputes pursuant to a transfer of registry. W.P.(C) No.11833 of 2016 is filed by Sri.Pushpadharan challenging demarcation and measurement, undertaken by the second respondent, the Additional Tahsildar, of the property which was the subject matter of transfer of registry.

(2.) The brief facts are as follows:

(3.) This Court is of the view that the impugned order in W.P.(C) No.42132 of 2017 has to be set aside for waiving reconsideration. Prince T.M. shall produce orders passed by the civil court. The transfer of registry is essentially effected based on the valid registered deed executed by a person whose name stands in the records. Prince T.M. is not in possession or not, need not be considered by the revenue authorities. However, if Prince T.M. is not in possession, he cannot claim any possession without that issue being settled through the civil court. There is no difficulty in identifying, surveying and demarcating the property based on the settlement deed. However, it has to be ensured that such exercise is carried only for identifying and demarcating the property and for none else.