Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 3RD DAY OF MARCH 2023 / 12TH PHALGUNA, 1944 WP(C) NO. 24282 OF 2016 PETITIONER/S: CHATHAPPAN AGED 60 YEARS S/O CHELLI,SOUPARNIKA,CHELATHOOR ROAD,OORAKAM,KEEZMURI.P.O,MALAPPURAM DISTRICT,PIN:676304. BY ADVS. SRI.K.M.SATHYANATHA MENON SMT.KAVERY S THAMPI SRI.A.SANTHOSHKUMAR RESPONDENT/S: 1 REGISTRAR DEPARTMENT OF REGISTRATION, VENGARA, MALAPPURAMDISTRICT,PIN-676304. 2 STATE OF KERALA REPRESENTED BY SECRETARY TO REGISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. BY ADV GOVERNMENT PLEADER OTHER PRESENT: SRI.K.M. FAISAL GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2-
P.V.KUNHIKRISHNAN, J.
====================================================== W.P.(C) No. 24282 of 2016 ============================================================= Dated this the 3rd day of March, 2023
JUDGMENT
The above writ petition is filed with following prayers: “i) Issue a writ of mandamus or any other appropriate writ
order or direction, directing the 1 st respondent to accept the
sale deed, prepared with respect to the 4 cents of land falling in Re-Sy 151/9 (Sy no: 196/5) in Block No: 38 of Oorakam Village in Tirurangadi Taluk covered under Ext.P1, from the petitioner and register the same in favour of the assignee mentioned in the sale deed in terms of Registration Act 1908; ii) To declare that the 1st respondent has no power to deny or refuse registration of sale deed with respect to petitioner's Ext.P1 property other than any reason stipulated under the Indian Registration Act and Rules framed thereunder; iii) issue such other reliefs which may deem fit and proper on the facts and circumstances of the case; and iv) allow this Writ Petition (Civil) with costs.” (sic)
2. When this writ petition came up for consideration, the
Government Pleader takes me through the counter affidavit filed 3- by the 1st respondent. It will be better to extract the relevant portion in the counter affidavit here:
“4. It is respectfully submitted that the possession of the land is where the petitioner is as per the Patta issued by the Government as per Appendix II Rule 9(2) of the Kerala Land Assignment Rules 1964 under the Laksham Veedu' Scheme implemented by the Government to provide land for the landless. Period of alienation of this type of Patta is enhanced to 25 years as per G.O.(P) No.49/2009/RD dated 24.01.2009 limit the number of landless people.
5. It is respectfully submitted that since the Government
Order in this respect are issued by the Revenue
Department and there is a registration and the alienation of properties in respect of properties like that of the petitioner as per Exhibit P1, it is necessary to produce a 'No Objection Certificate' or a Certificate extending the urgency or necessity for sale issued by the Tahsildar or District Collector to prove the urgent requirement of selling the land. Therefore, it is submitted that if the petitioner produced the document for registration along with the No Objection Certificate' of the Revenue Department, it can be registered in favour of the assignee in the document. The document is not yet produced before the Sub Registrar and the Writ Petition is filed in anticipation.”(sic) 4-
3. The Government Pleader also submitted that in the
counter affidavit, it is clearly stated that the petitioner has not produced any such document for registration. From the above averments in the counter affidavit, it is clear that if proper documents are produced, the same will be considered by the officer concerned. Therefore, granting liberty to the petitioner to produce proper documents along with the deed this writ petition can be closed. In such an event of producing proper documents along with deed, the 1st respondent will do the needful in accordance to law. With the above observation, this writ petition is closed. sd/- P.V.KUNHIKRISHNAN JUDGE das 5- APPENDIX OF WP(C) 24282/2016 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PATTA DATED 5.2.2004 ISSUED IN FAVOUR OF THE PETITIONER EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT ISSUED IN FAVOUR OF THE PETITIONER DATED 2.6.2016 BY THE VILLAGE OFFICER,OORAKAM VILLAGE EXHIBIT P3 TRUE COPY OF ORDER GO(MS)NO.289/2015/RD DATED 30.6.2015.