The transfer of registry in respect of the property situated in Re-Survey 71/20 of Block No.47 of Aikkaranad North Village is the subject matter of this Writ Petition. The transfer of registry stand in the name of the petitioner herein. This was cancelled on a complaint made by the 6th respondent. It is as seen from Ext.P5 on a complaint made by the 6th respondent, Survey Vigilance had conducted an enquiry and found out that the transfer of registry is irregular. It is also observed in Ext.P5 that there is a suit pending before the Kollencherry Munsiff's Court as O.S.No.52 of 2008.
2. This Writ Petition is filed challenging Ext.P5. The Writ Petitioner submits that this was passed without giving opportunity of hearing and the 6th respondent filed an appeal against transfer of registry under the Transfer of Registry Rules 1966.
3. The 6th respondent has filed a detailed counter. He claims title and possession of the property by virtue of certain documents.
4. I am of the view that Ext.P5 is unsustainable in law for the reason that this was passed without giving opportunity of W.P(C).No.27363 of 2012 U 2 hearing to the petitioner. If at all any grievance against transfer of registry, that shall be addressed after hearing the petitioner as well as the complainant who is the 6th respondent. Petitioner ought to have been given an opportunity of hearing before the issuance of Ext.P5. Accordingly, Ext.P5 is set aside. Petitioner has a case that the 4th respondent/Additional Tahsildar has no jurisdiction to pass Ext.P5 order. It is upto the petitioner to raise her objection before the 5th respondent. Ext.P5 shall be treated as a show cause notice. Petitioner shall raise her objection including jurisdiction before the Additional Tahsildar within three weeks from the date of receipt of a copy of this judgment. Thereafter after hearing the petitioner as well as the 6th respondent, proceedings shall be finalised within a further period of six weeks.
Writ Petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/08/10/14