Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 PETITIONER: JOSE THOMAS AGED 63 YEARS, S/O. THOMAS, CHANGANASSERY HOUSE, TEEKOY PO, IDUKKI DISTRICT, PIN - 686580 BY ADVS. BIJU .C. ABRAHAM THOMAS C.ABRAHAM BASIL MATHEW RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REGISTRATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DISTRICT COLLECTOR COLLECTORATE, KUYILIMALA, PAINAV PO, IDUKKI DISTRICT, PIN - 685603 3 THE SUB REGISTRAR OFFICE OF THE SUB REGISTRAR, PEERMADE, IDUKKI DISTRICT, PIN - 685531 4 GEETHU JOSE AGED 31 YEARS W/O. NAVEEN JOSE, EDIMANNICKAL HOUSE, RANNY PO, PATHANAMTHITTA DISTRICT, PIN - 689672 SMT. DEEPA NARAYANAN, SR.GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R. RAVI, J.
-------------------------------------------- W.P.(C). No.6927 of 2025 -------------------------------------------- Dated this the 28th day of March, 2025
JUDGMENT
The prayer in this writ petition is for a direction to the 3 rd respondent to effect registration of the properties covered by Ext.P7 in favour of the 4th respondent. The grievance is that the registration is refused for the reason that the property is an exempted land. The petitioner relies on Ext.P10 judgment in the case of the very same petitioner in similar circumstances.
2. The Government Pleader on instructions submitted
that the objections raised are the same as the one contained in Ext.P10 judgment WPC No.2721/2025. In the above circumstances, this writ petition can also be disposed of in terms of Ext.P10 judgment. The writ petition is allowed. Ext.P8 is set aside. There will be a direction to the 3rd respondent to register the original of Ext.P7 as and when presented and on the petitioner complying with the requirements of the Registration Act and Rules. This is without prejudice to any action that may be taken by the Government against the property, if they are so entitled. Sd/- T.R. RAVI JUDGE Pn APPENDIX OF WP(C) 6927/2025 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE AGREEMENT DATED 27/08/2019 ENTERED BETWEEN THE PETITIONER AND HAILEYBURIA TEA ESTATE LTD. Exhibit P2 TRUE COPY OF THE LETTER BEARING NO. HTEL/2020- 2021 DATED 18/11/2020 ISSUED BY THE COMPANY TO THE PETITIONER Exhibit P3 TRUE COPY OF THE AWARD DATED 02/07/2022 PASSED BY THE LOK ADALATH IN O.S. NO. 51/2021 ON THE FILES OF THE SUB COURT, KATTAPPANA Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 26/07/2022 PASSED BY THE SUB COURT, KATTAPPANA IN O.S. NO. 51/2021 Exhibit P5 TRUE COPY OF THE ORDER DATED 25/08/2023 PASSED BY THE SUB COURT, KATTAPPANA IN E.P. NO. 23/22 IN O.S. NO. 51/2021 Exhibit P6 TRUE COPY OF THE DEED OF CONVEYANCE BEARING NO. 2542/23/I DATED 20/7/2023 OF PEERMADE SRO Exhibit P7 TRUE COPY OF THE SALE DEED DATED 15/2/2025 PREPARED IN FAVOUR OF THE 4 TH RESPONDENT Exhibit P8 TRUE COPY OF THE REJECTION LETTER BEARING NO. RESPONDENT TO THE PETITIONER Exhibit P9 TRUE COPY OF THE LETTER BEARING NO. DCIDK/4424/2018-C5 DATED 15/12/2018 ISSUED BY THE 2 ND RESPONDENT TO THE 3 RD RESPONDENT Exhibit P10 TRUE COPY OF THE OF THE JUDGMENT DATED (C). NO. 2721 OF 2025