P.C.JACOB Vs. THE VILLAGE OFFICER

JUDGEMENT

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

(2.) Heard Sri. K.R.Vinod, learned counsel appearing for the petitioner and Sri.Saigi Jacob Palatty, learned counsel for the petitioner appearing for the respondents.

(3.) It is stated that the petitioner is the decree holder in original suit, O.S.No.171/2015 on the file of the Sub Court, Ernakulam. The said suit was instituted seeking prayer for a decree of specific performance of contract with respect to the property having an extent of 3 cents in Sy.No. 38/1/2 of Elamkulam Village, Kanayannur taluk, Ernakulam revenue district. In view of the decree granted by the Sub Court concerned, the petitioner has filed application for executing the sale deed through the process of court. It is stated that after the approval of the draft sale deed submitted by the petitioner, the court below has now directed the petitioner to take steps for registration of the approved draft sale deed. That accordingly the petitioner has approached the 1 st respondent Village Officer praying for issuance of ROR certificate of the abovesaid property covered Ext.P-2, as ROR certificate is now insisted by the registration officials concerned for completing the process of registration of the draft sale deed duly approved by the court below concerned. The complaint of the petitioner is that though the petitioner has submitted Ext.P-3 application dated 18.12.2018 before the respondent Village Officer, for issuance of ROR certificate, the said certificate is not being issued by the 1 st respondent on the ground that the petitioner has to necessarily produce basic tax receipt in respect of the abovesaid property and that the said decision of the 1 st respondent has been duly endorsed on the reverse of the last page of Ext.P-3 application. Though the petitioner has not produced the said endorsement, Sri.K.R.Vinod, learned counsel appearing for the petitioner has made available the original of the said endorsement made by the respondent Village Officer on 18.12.2018 for the perusal of this Court, which reads as follows: ...Vernacular Text Omitted...