IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO. 19208 OF 2022
PETITIONER:
USHA C.
AGED 43 YEARS
W/O P.V.PRAKASHAN, CHUNDAKKANDI HOUSE PAYERI,
KURUMATHUR (P.O), THALIPARAMBA TALUK KANNUR DISTRICT.
PIN- 670142.
BY ADVS.
SRI P.S.BINU
SMT.K.SEENA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE
THIRUVANANTHAPURAM DT. PIN-695001.
2 DISTRICT COLLECTOR,
CIVIL STATION, KANNUR DISTRICT, PIN-670002.
3 TALUK LAND BOARD
REPRESENTED BY ITS CHAIRMAN & DEPUTY COLLECTOR (L.A)
KANNUR DISTRICT. PIN-670002.
4 SUB REGISTRAR,
SUB REGISTRAR OFFICE, TALIPARAMBA, KANNUR DT.
PIN-670141
SMT.C.S.SHEEJA, SR.GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19208 OF 2022
2
JUDGMENT
Admit. Government Pleader takes notice for the respondents.
2. The grievance of the petitioner is that the 4th respondent is not registering the Sale Deed submitted before him for the reason that there is a restraint on registration of transfers of land situated in Re.Sy.No.31 of Kurumathoor Village. The restraint order has been produced as Ext.P4.
3. In similar situations this Court has directed registration of the documents reserving liberty to the State to proceed against the property under the Kerala Land Reforms Act.
4. I do not find any reason to take a different view. The writ petition is allowed. There will be a direction to the 4th respondent to register the document, the draft of WP(C) NO. 19208 OF 2022 3 which is produced as Ext.P3, as and when the same is presented and if it is otherwise in order. The restraint contained in the order dated 29.07.2021, shall not be a reason for denial of the registration. The State Government is at liberty to initiate proceedings under the Kerala Land Reforms Act if found necessary.
Sd/-
T.R.RAVI JUDGE mpm WP(C) NO. 19208 OF 2022 4 APPENDIX OF WP(C) 19208/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JENM ASSIGNMENT DEED NO.4538/2018 OF S.R.O TALIPARAMBA. Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 21.12.2021 ISSUED FROM KURUMATHOOR VILLAGE.
Exhibit P3 TRUE COPY OF THE DRAFT SALE DEED DATED 08.06.2022.
Exhibit P4 TRUE COPY OF THE COMMUNICATION DT.19.05.22 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT.
Exhibit P5 TRUE COPY OF THE JUDGMENT IN W.P (C) NO.
22407/2021 OF HON'BLE HIGH COURT OF KERALA.