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K.G.Augustine vs State Of Kerala

High Court Of Kerala|15 October, 2014
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JUDGMENT / ORDER

The petitioner has approached this court on account of the delay in effecting transfer of registry. The petitioner claims title over the properties mentioned in Ext.P1. The petitioner submits that he has approached the revenue officials for effecting mutation of the properties. However, the revenue officials have failed to act upon the request. Accordingly, he has approached this court. 2. On instruction, the learned Government Pleader submits that it is on account of the delay in determining the boundaries of the petitioner's property the delay is involved and also a civil suit is pending in the matter.
3. I am of the view that pendency of a civil suit cannot stand in the way as to the transfer of registry, which is only for a fiscal purpose. However, for the purpose of possession and other certificates, the boundary has to be determined. It is submitted that the Tahsildar has already forwarded the matter to the Taluk Surveyor and the matter will be finalised as expeditiously as possible.
4. Considering the facts and circumstances, there shall be a direction to the 4th Respondent to finalise the survey to determine the boundary based on Ext.P1 within a period of one month from the date of receipt of a copy of this judgment. The 3rd Respondent W.P.(C) No.23860/2014 2 Tahsildar shall finalise the transfer of registry within a further period of one month.
The writ petition is disposed of as above.
Sd/-
A. MUHAMED MUSTAQUE, JUDGE.
//true copy// P.S. To Judge st/-
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Title

K.G.Augustine vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
15 October, 2014
Judges
  • A Muhamed Mustaque
Advocates
  • Sri Prasad Chandran
  • Sri Bijo Thomas
  • George