IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30270 of 2009(C)
1. DR.MOHAN BABU,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
2. THE SUB COLLECTOR,
3. THE TAHSILDAR,
4. SUB REGISTRAR,
For Petitioner :SRI.GEORGE CHERIAN (THIRUVALLA)
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :14/12/2009
O R D E R
P.N.RAVINDRAN, J
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W.P.(C).30270/2009
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Dated this the 14th day of December, 2009
JUDGMENT
The petitioner has entered into Ext.P2 agreement with
Munnar Service Co-operative Bank Limited on 25.7.2006 for
sale of undivided share in 9.85 cents of land situated in
Survey No.62/28A of Kannan Devan’s Hills Village,
Devikulam Taluk, Idukki District together with absolute right
over 1152 sq.ft of built up area on the first floor of a building,
put up therein. The petitioner had even earlier submitted
Ext.P5 letter dated 9.3.2006 to the Sub Collector, Devikulam
requesting for a No Objection Certificate to sell the property
described in Ext.P2. It is stated that on an earlier occasion,
by Ext.P6, the Tahsildar had granted him permission to sell a
portion of the building and undivided share in the same
parcel of land to other persons. This writ petition is filed
aggrieved by the delay on the part of the Sub Collector,
Devikulam, in issuing a No Objection Certificate.
The learned Government Pleader appearing for the
respondents submits on instructions that the Sub Collector,
Devikulam will consider the request made by the petitioner in
W.P.(C).30270/09
2
Ext.P5 and take a decision expeditiously. In the light of the
said submission, I dispose of this writ petition with a direction
to the Sub Collector, Devikulam to consider the request made
by the petitioner in Ext.P5 and take a decision thereon
expeditiously and in any event within one month from the date
on which the petitioner produces a certified copy of this
judgment before him. The Sub Collector shall, while taking a
decision in the matter also take note of the fact that on an
earlier occasion, the Tahsildar, Devikulam had granted a No
Objection Certificate in respect of the same parcel of land to
enable the petitioner to convey undivided share therein
together with absolute right over portions of the same
building to other purchasers.
P.N.RAVINDRAN,
Judge
mrcs