Research › Search › Judgment

Kerala High Court · body

2019 DIGILAW 463 (KER)

K. N. Ajayakumar S/o. Narayana Kurup v. District Collector Collectorate, Alappuzha, Pin-688001

2019-06-18

A.MUHAMED MUSTAQUE

body2019
JUDGMENT : Petitioner, in this writ petition, challenges an order passed by the District Collector in a revision filed by him. The District Collector rejected the revision and sustained the order of the Revenue Divisional Officer. The Revenue Divisional Officer acting upon the application filed by the 5th respondent cancelled the transfer of registry effected in favour of the petitioner and ordered to effect transfer of the registry in respect of certain extent of land in favour of the 5th respondent. This action was impugned in the revision before the District Collector. 2. Learned counsel for the petitioner argued that the revision was in fact disposed of by a non-speaking order and therefore, the matter needs to be reconsidered. Learned counsel for the petitioner also challenged the order of Revenue Divisional Officer on the ground that the order was passed without giving an opportunity of hearing to the petitioner. 3. It appears that, initially the transfer of registry was in the name of the petitioner since 2005. The 5th respondent raised a complaint before the Revenue Divisional Officer for inclusion of certain extent of land in the name of the petitioner Thandaper. 4. The Revenue Divisional Officer, in fact, passed the order without proper identification of the land based on title deeds of the parties. He also had to ascertain the nature of possession claimed by the persons. It is not the actual extent of the property, claimed by the parties, that holds matters for consideration for transfer of registry, but it is with regard to the identity of the property claimed by them based on title deed and also possession. Such factors have not been taken into account by the Revenue Divisional Officer. In that view of the matter, Exts.P9 and P10 orders are set aside. The 3rd respondent is directed to reconsider the matter afresh, after identifying the land, claimed by the petitioners and also adverting to the possession of the land. Needful shall be done within a period of three months from the date of receipt of a copy of this judgment, after notice to the petitioner and the 5th respondent. Till the completion of exercise as above, status quo shall be maintained.