JUDGMENT : The petitioner is aggrieved by the impugned Ext.P6 order dated 10.10.2018 rendered by the 4th respondent-Village Officer concerned whereby petitioner has been directed to produce an affidavit showing that the persons who use the property in question as right of way had no objection in the petitioner securing record of rights (ROR) in terms of the provisions contained in the Kerala Record of Rights Act, 1968. The prayers in the afore Writ Petition (Civil) are as follows : (i) To call for the records leading to Ext.P6 and may be pleased to issue a writ of certiorari to quash the same. (ii) To issue a writ of Mandamus or any other appropriate writ order or direction commanding the fourth respondent to issue ROR for the property as stated in Ext.P6 within stipulated time limits in the interest of justice, and (iii) To pass any such or further orders as the petitioners may seek and this Hon'ble Court deem fit to grant.” 2. Heard Sri. Sreekumar G. (Chelur), learned counsel appearing for the petitioner, Smt. A.C. Vidhya, learned Government Pleader appearing for the respondents. 3. According to the petitioners, they had originally owned about 36 cents of land covered by Exts.P1 to P3 documents. But pertaining to a small piece of land thereof, namely having an extent of 0.0162 hectares in Survey No.779/2 and 0.0101 hectares of land in Survey No.2327/2 of Chembukavu Village, Thrissur Taluk, Thrissur Revenue District, he had submitted application before the 3rd respondent-Tahsildar for grant of record of rights for the aforesaid parcel of the land in terms of the provisions contained in the Kerala Record of Rights Act, 1968. In the said application, the 4th respondent-Village Officer has now issued the impugned Ext.P6 order dated 10.10.2018 calling upon the petitioner that as certain persons are using a part of the said property as pathway, their no objection for issuance of the Record of Rights (ROR) is required and that petitioner should make available an affidavit of such persons stating their no objections for the grant of ROR to the petitioner. It is the said requirement in the impugned Ext.P6 dated 10.10.2018, that is under challenge in the present writ petition. 4. The petitioner has submitted the application for grant of Right of Records (ROR) under the provisions contained in Kerala Record of Rights Act, 1968. It is the said requirement in the impugned Ext.P6 dated 10.10.2018, that is under challenge in the present writ petition. 4. The petitioner has submitted the application for grant of Right of Records (ROR) under the provisions contained in Kerala Record of Rights Act, 1968. It is brought to the notice of this Court as per Section 1(3) of the Kerala Record of Rights Act, 1968 stipulate that the said Act come into force on such date as the Government may, by notification in the Gazette, appoint. It is brought to the notice of this Court that though the Kerala Record of Rights Act, 1968 was enacted and published in Gazzette dated 26.08.1968, the said Act was brought into force as per notification issued under Section 1(3) of the said Act subsequently on 01.03.1969 as per notification No.S.R.O.90/69 dated 28-2-1969, Published in K.G. Ex.No.55 dated 28.2.1969. 5. Sections 3 and 4 of the Kerala Record of Rights Act, 1968 (State Act 26 of 1968), provide as follows : “3. Preparation of record of rights. - (1) A record of rights shall be prepared by the prescribed officer in the prescribed manner in respect of any area or areas notified by the Government in this behalf in the Gazette. (2) The record of rights in respect of any land shall include the following particulars, namely : (a) The description and extent of the land; (b) the name and address of the person in occupation of the land; (c) the names and addresses of other persons interested in the land; (d) the nature and extent of the respective interest of the persons referred to in clauses (b) (c); (e) the names and addresses of the kudikidappukars, if any; and (f) such other particulars as may be prescribed. (3) The record of rights shall be maintained by such officer as may be prescribed, and different officers may be prescribed for different areas. 4. Publication of record of rights.-: (1) When a draft record of rights has been prepared, the prescribed officer shall publish the draft in such manner as may be prescribed and shall receive and consider any objections which may be made to any entry therein or to any omission therefrom within such period not less than thirty days from the date of publication, as may be prescribed. (2) When all objections have been considered and disposed of in accordance with the rules made in this behalf, the prescribed officer shall cause the record to be finally published in the prescribed manner.” Section 3(1) exclusively provides that RoR shall be prepared by the prescribed officer in the prescribed manner in respect of any area or areas notified by the Government in this behalf in the Gazette. 6. In that regard, it will also be pertinent to refer to the provisions contained in Section 29 of the Kerala Land Reforms Act, 1963 and Rule 24 of the Kerala Land Reforms (Tenancy), Rules 1970. Section 29 of the KLR Act, 1963, provides as follows : “29. Preparation of record of rights.-(1) Any person interested in any land may at any time within ten years from the commencement of this Act or such further period as the Government may, from time to time, by notification in the Gazette, specify in this behalf, apply to the Tahsildar of the taluk in which that land is situate for the preparation of a record of rights in respect of that land : Provided that no such application shall lie in cases where the land is situate in an area notified by the Government under Section 3 of the Kerala Record of Rights Act, 1968. (2) On receipt of an application under sub-section (1) for the preparation of the record of rights in respect of any land, the Tahsildar shall prepare the record of rights in respect of that land in such manner as may be prescribed. (3) The record of rights shall contain - (a) the description and extent of the land; (b) the name and address of the owner; (c) the names and addresses of intermediaries, if any, in respect of the land and the nature of the interest of each of such intermediaries; (d) the names and addresses of the cultivating tenants and kudikidappukars, if any, in respect of the land and the nature of the interest of each of them; (e) the names and addresses of other persons, if any, having interest in the land and the nature of the interest of each such person; and (f) such other particulars as may be prescribed. (4) Any person aggrieved by any entry in the record of rights prepared by the Tahsildar under sub-section (2) may, within such period as may be prescribed, appeal to the Revenue Divisional Officer having jurisdiction over the area in which the land is situate. (5) An appeal under sub-section (4) shall be in such form and shall contain such particulars as may be prescribed. (6) On receipt of an appeal under sub-section (4), the Revenue Divisional Officer shall, after giving an opportunity to all persons interested in the land to which the record of rights relates, dispose of the appeal in such manner as may be prescribed. (7) The Tahsildar and the Revenue Divisional Officer shall, for the purposes of the proceedings under this section, have all the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; (d) issuing commissions for the examination of witnesses or for local investigation; and (e) any other matter which may be prescribed. (8) The record of rights prepared under this section shall be admissible in evidence before any Court or tribunal and every entry in any record of rights which has become final shall until the contrary is proved be presumed to be correct. (9) Where an application for the preparation of a record of rights in respect of a land is admitted, no application under Section 31 for determination of the fair rent in respect of that land shall be disposed of till the record of rights is prepared under this section. (9) Where an application for the preparation of a record of rights in respect of a land is admitted, no application under Section 31 for determination of the fair rent in respect of that land shall be disposed of till the record of rights is prepared under this section. (10) Where the proceedings for the preparation of a record of rights are pending before the Tahsildar or an appeal under this section is pending before the Revenue Divisional Officer at the time when the area in which the land to which the record of rights relates is situate is notified by the Government under Section 3 of the Kerala Record of Rights Act, 1968, the Tahsildar or the Revenue Divisional Officer, as the case may be, shall transfer such proceedings or appeal to the prescribed officer under the said Act for the preparation of the record of rights in accordance with the provisions of that Act.” Rule 24 of the Kerala Land Reforms (Tenancy), Rules 1970, provides as follows : “24. Form of application for preparation of Record of Rights.-An application for preparation of record of rights shall be in Form No.8.” 7. It is at presently provided in the proviso to Section 29(1) of the KLR Act, that no application for the grant of RoR as envisaged in Section 29(1) shall lie in cases where the land is situate in an area notified by the Government under Section 3 of the Kerala Record of Rights Act, 1968. Rule 24 to 29 of the Kerala Land Reforms (Tenancy) Rules, 1970 deals with the preparation and finalisation of RoR under Section 29(1) of the KLR Act. Since it is expressly provided stipulated in the proviso to Section 29(1) of the KLR Act that application for grant of RoR under the KLR Act will not lie in case where the land is situated in an area notified by the Government under Section 3 of the Kerala Record of Rights Act 1968, the aforesaid provisions contained in the KLR Act and the rule framed thereunder, have no significance on the applicability of the provisions contained in the Kerala Record of Rights Act, 1968, unless it is so expressly envisaged in the said 1968 Act. Section 2(a) of the Kerala Record of Rights Act, 1968, define “Kudikidappukaran” as to have the same meaning assigned to that term in the KLR Act, 1963. Section 2(a) of the Kerala Record of Rights Act, 1968, define “Kudikidappukaran” as to have the same meaning assigned to that term in the KLR Act, 1963. So also Section 3(2)(e) speaks about the names and addresses of the Kudikidappukars, if any, in respect of the RoR to be prepared under the Kerala Record of Rights Act, 1968. Section 3(2)(c) stipulate that RoR in respect of any land issued under the said 1968 Act would also include “the names and addresses of other persons interested in the land”. Section 4(1) of the Kerala Record of Rights Act, 1968 further stipulate that when a draft record of rights has been prepared, the prescribed officer shall publish the draft in such manner as may be prescribed and shall receive and consider any objections which may be made to any entry therein or any omission therefrom within such period not less than 30 days from the date of publication, as may be prescribed. Sub-section 2 of Section 4 thereof, further provide that when all objections have been considered and disposed of in accordance with the rules made in that behalf, the prescribed officer shall cause the record to be finally published in the prescribed manner. In that regard, it is pertinent to note that Section 2(c) of the said Act defines “prescribed officer” to mean an officer not below the rank of Deputy Tahsildar appointed by the Government to exercise the powers and discharge the duties of a prescribed officer under the said Act. A person who is aggrieved by the publication of RoR under Section 4 of the said Act is conferred in the remedy to file a statutory revision under Section 6(1) before the Revenue Divisional Officer concerned. Section 7 speaks about the reporting of acquisition of rights. Section 8 cast an obligation to furnish information and sub Section 1 thereof stipulates that any person whose rights, interest or liabilities are required to be or have been entered in the record of rights shall be bound on the requisition of any officer engaged in the preparation, maintenance or revision of record of rights to furnish or produce for his inspection within thirty days from the date of such requisition of such information or documents needed for the preparation, maintenance or revision thereof, as the case may be, with his knowledge or in his possession or power. Penalty is envisaged to persons who fail to furnish the information as can be seen from Section 8(3). Section 12 confers power to enter upon land for any officer exercising power or performing any function under the said Act. Power to summon witnesses has been conferred under Section 13. Going by the aforesaid provisions contained in the Kerala Record of Rights Act, 1968, it is not right and proper for officials like respondents 3 and 4 to insist that it is the obligation of the petitioner to produce affidavits of persons who claim any rights or interest of the said property showing their no objection for the grant of RoR to the petitioner. It is the statutory duty of the prescribed officer to conduct necessary enquiries and to find out the names and addresses of persons who would fulfil the requirement of “persons interested in the land” as envisaged in Section 3(2)(c) of the Act. For that purpose power is conferred on the prescribed officer to collect such information as per Section 8 and to summon witnesses as per Section 13. After following the requisite procedure, it is for the prescribed officer which in the instant case appears to be the 3rd respondent-Tahsildar to prepare and publish the draft record of rights as envisaged under Section 4(1) and then invite objections from the persons concerned including the petitioner as to the correctness or otherwise of the entries therein or the omission therefrom within the stipulated period and then to consider and dispose of such objections so as to finalise the RoR as per Section 4 (2). Needless to say, it is for the 3rd respondent-Tahsildar to also ascertain whether the land areas of the property of the petitioner which is the subject matter of this application, comes within any area or areas notified by the Government in terms of Section 3 (1) of the Kerala Record of Rights Act, 1968 and then proceed with the matter in accordance with the prescribed procedure as aforestated, so as to finalise the request made by the petitioner for the grant of RoR under the Kerala Record of Rights Act, 1968. In the light of these aspects, the impugned insistence in Ext.P6 that it shall be the obligation of the petitioner to secure affidavits from the third parties concerned showing their no objections, is highly illegal and ultravires and in that view of the matter the impugned Ext.P6 will stand set aside. The matter will stand remitted to the 3rd respondent to proceed further in accordance with the provisions contained in the Kerala Record of Rights Act, 1968 as aforestated. With these observations and directions, this writ petition (Civil) will stand finally disposed of.