Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 2ND DAY OF JANUARY 2013 12TH POUSHA 193 WP(C).No. 30575 of 2012 (V) --------------------------- PETITIONER(S): ------------- P.PARVATHY, W/O.P.KUMARAN,PARAKOTIL HOUSE,KOTTAPPURAM. BY ADVS.SRI.T.M.ABDUL LATHEEF SRI.K.ASHOK SARAN RESPONDENT(S): -------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT REVENUE DEPARTMENT,THIRUVANANTHAPURAM-695001.
2. THE ADDITIONAL PRINCIPAL CHIEF FOREST CONSERVATOR, NORTHERN REGION,KOZHIKODE-673001.
3. THE CHIEF FOREST CONSERVATOR, EASTERN CIRCLE,OLAVAKKODE,PALAKKAD-678002.
4. DIVISIONAL FOREST OFFICER, MANNARKKAD,PALAKKAD-678583.
5. THE SUB REGISTRAR, AGALI,PALAKKAD-678581. BY SR. GOVERNMENT PLEADER SRI.GEORGE MECHERIL BY SRI.M.P.MADHAVANKUTTY, SPL. GOVT. PLEADER FOR FOREST THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-01-2013 ALONG WITH W.P.(C) NO.31150 OF 2012.THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MNS WP(C).No. 30575 of 2012 (V) APPENDIX PETITIONER(S) EXHIBITS: EXT-P1 TRUE COPY OF THE SALE DEED NO.5694/80 DATED 14 11-1980 EXT-P2 TRUE COPY OF THE TAX RECEIPT NO.5725354 DATED 17 04-2012 EXT-P3 TRUE COPY OF THE JUDGMENT DATED 25 04-1979 PASSED BY THE FOREST TRIBUNAL,MANJERI IN O.A.98 OF 197.TO 17.OF 1977.EXT-P4 TRUE COPY OF THE ORDER DATED 05 08-2003 PASSED BY THIS HONOURABLE COURT IN RP.193 OF 200.EXT-P5 TRUE COPY OF THE CERTIFICATE NO.E.DIS.5979/81 DATED 06 11- 1981 ISSUED B Y THE TAHSILDAR,MANNARGHAT. EXT-P6 TRUE COPY OF THE LETTER NO.B/1 OA.98/77 TO 117/77 DATED 18 12-2010 OF THE 4TH RESPONDENT. EXT-P7 TRUE COPY OF THE JUDGMENT DATED 06 09-2010 PASSED BY THIS HONOURABLE COURT IN WP(C) NO.22818 OF 201.EXT-P8 TRUE COPY OF THE JUDGMENT DATED 25 08-2011 PASSED BY THIS HONOURABLE COURT IN W.A.648 OF 2010.RESPONDENTS' EXHIBITS:NIL //TRUE COPY// P.A TO JUDGE P.R. RAMACHANDRA MENON J.
~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) Nos. 30575 and 31150 of 2012 ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 2nd day of January, 2013 JUDGMENT The issue involved in both these cases is similar and hence dealt with together.
2. The petitioners seek for registration of title deeds in respect of the conveyance of properties situated in the concerned survey numbers. On approaching the Registering Authority, some objection is stated as raised, asking the petitioner to produce 'NOC' from the 'Forest Department'. The case of the petitioner is that none of the provisions of Registration Act or any of the Rules thereunder, does insist any such stipulation and as such, no objection could ever been raised by the Registering Authority for causing the registration, which in fact has to be effected in tune with the relevant provision of the Registration Act/Rules.
2. The petitioners point out that an issue had come up for consideration of this Court, particularly, with regard to the W.P.(C) Nos. 30575 & 31150 of 2012 :
2. : 'NOC' insisted from the 'Revenue' Authorities for causing registration of a conveyance in the area and as per the decision reported in 2010 (1) KLT 50.(Selvan Vs. State of Kerala), it was declared that no such objection could have been raised by the Registering Authority for causing registration. It is also brought to the notice of this Court that a Division Bench of this Court also concurred with the said view as per Ext. P8 judgment produced in W.P.(C) No. 31150 of 2010 (to which, I was also a member).
4. Heard the learned Senior Government Pleader as well.
5. After hearing both the sides and also perusing the materials on record, this Court finds that the issue is squarely covered by the judicial precedents as mentioned above and the petitioners are entitled to succeed. The concerned Registering Authority is directed to register the relevant deed on production of the same and satisfaction of all the other requirements in tune with the relevant provisions of law, W.P.(C) Nos. 30575 & 31150 of 2012 :
3. : without insisting for 'NOC' from the Forest Department. It is also made clear that, it will be open for the Forest Department to proceed against the property, if there is any infringement in relation to any of the provisions of the Forest Act or such other related enactments. The Writ Petitions are disposed of. sd/- P. R. RAMACHANDRA MENON, (JUDGE) kmd