High Court Kerala High Court

Jajesh vs The Tahsildar on 15 March, 2010

Kerala High Court
Jajesh vs The Tahsildar on 15 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 8303 of 2010(K)


1. JAJESH, W/O.BIJU, AGED 30,
                      ...  Petitioner

                        Vs



1. THE TAHSILDAR, TALUK OFFICE,
                       ...       Respondent

2. THE VILLAGE OFFICER, KUMARAMANGALAM

3. THE REVENUE DIVISIONAL OFFICER,

4. RATNAVALLI, W/O.LATE NARAYANAN,

                For Petitioner  :SMT.R.RANJINI

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :15/03/2010

 O R D E R
                T.R.RAMACHANDRAN NAIR, J.
               ----------------------------------------------
                   W.P.(C)No. 8303 OF 2010
             -----------------------------------------------------
          DATED THIS THE 15th DAY OF MARCH, 2010

                          J U D G M E N T

Aggrieved by Exhibit P5 order, the petitioner has filed this

Writ Petition. Exhibit P5 is passed by the Sub Collector

dismissing Exhibit P3 appeal under the Transfer of Registry Rules.

2. The learned Government Pleader pointed out that

under Sub-clause (iv) of Rule 18 of the Transfer of Registry

Rules, the petitioner has got a remedy to file a revision petition

before the District Collector in the matter. Sub-clause (iv) of

Rule 18 of Transfer of Registry Rules reads as follows:

“18.(iv) There shall be no second appeal. But

it shall be open to the District Collector if he is

satisfied that sufficient ground exists to revise,

cancel or alter on his own motion or otherwise

any decision or order passed by the Revenue

Inspector, Deputy Tahsildar, Tahsildar or the

Revenue Divisional Officer within a period of

one year from the date of such decision.”

W.P.(C)No.8303/10 -2-

3. The District Collector is empowered to exercise the

power of revision on the motion of the party also against an order

passed by the Revenue Divisional Officer. The petitioner has got

an effective and adequate remedy under the Transfer of Registry

Rules . Therefore, if the petitioner files an appropriate revision

petition before the District Collector, the same will be considered

in accordance with law and will be disposed of after hearing all

the parties.

The Writ Petition is disposed of as above.

T.R.RAMACHANDRAN NAIR,
JUDGE

dsn