IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
WP(C) NO. 16450 OF 2022
PETITIONER:
GEORGE ABRAHAM
AGED 57 YEARS
S/O A.E.ABRAHAM LATRA, ANJILIPARAMBIL HOUSE,
MAMMOOD P.O, KOTTAYAM, PIN- 686 537.
BY ADVS.
RAJU JOSEPH
SINDHU RAVICHANDRAN
SHRI.SHYAM K.P.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM 695001.
2 THE SUB REGISTRAR,
THIRUVALLA, KADAPRA, PATHANAMTHITTA DISTRICT,
PIN 689104
3 THE DISTRICT REGISTRAR,
PATHANAMTHITTA
PIN 689 645.
SMT.MABLE C.KURIAN - SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 16450 OF 2022 2
JUDGMENT
The petitioner says that he presented Exts.P3 and P4 settlement documents, executed by its original owners, before the Sub Registrar on the strength of Ext.P1 - Special Power of Attorney executed by them, but that the said Authority refuse to act upon it, saying that the witnesses shown in the said Deeds are in Pathanamthitta, while the property is situated in Thiruvalla.
2. The petitioner asserts that the reasons stated by the Sub Registrar in rejecting the presentation of the documents for registration is totally illegal and unlawful and therefore, that they are liable to be set aside; thus paving way for the registration of Exts.P3 and P4 as per law.
3. The afore submissions of Shri.Shyam K.P. - learned counsel for the petitioner, were answered by the learned Senior Government Pleader - Smt.Mable C.Kurian, saying that the Sub Registrar did not refuse to register Exts.P3 and P4 for the reasons above, but because he harbours suspicion that it was, in fact, executed by the original owners in America and not at Thiruvalla. She submitted that, WP(C) NO. 16450 OF 2022 3 therefore, unless this aspect is properly clarified by the petitioner, the said documents cannot be presented for registration.
4. I fail to understand the purport of the afore submissions of the learned Senior Government Pleader because, admittedly, the petitioner has presented Exts.P3 and P4 documents on the strength of Ext.P1 - Power of Attorney, which is a special one, empowering him to present the documents for the said purpose alone. Obviously, therefore, when the original owners of the property executed Exts.P3 and P4 and, entrusted the petitioner to present it for registration through Ext.P1 - Power of Attorney, I fail to understand why the Sub Registrar should have not acted upon it for any reason, including that it was not executed in Thiruvalla or that the witnesses were in Pathanamthitta.
5. I am, therefore, of the firm view that the petitioner is entitled to relief.
Resultantly, I order this writ petition and direct the 2 nd respondent - Sub Registrar to register Exts.P3 and P4 settlement deeds, as and when it is re-presented before him by the petitioner on WP(C) NO. 16450 OF 2022 4 the strength of Ext.P1 - Power of Attorney, following due procedure and after ensuring compliance of all necessary statutory and imperative conditions, as expeditiously as is possible, but not later than one week from the date on which they are so presented.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/26.5 WP(C) NO. 16450 OF 2022 5 APPENDIX OF WP(C) 16450/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SPECIAL POWER OF ATTORNEY TO THE PETITIONER DT 9.2.2022 Exhibit P2 TRUE COPY OF THE SPECIAL POWER OF ATTORNEY TO THE PETITIONER DT 9.2.2022 Exhibit P3 TRUE COPY OF THE SETTLEMENT DEED EXECUTED ON 22.2.2022 IN FAVOUR OF JOHN ABRAHAM Exhibit P4 TRUE COPY OF THE SETTLEMENT DEED EXECUTED ON 22.2.2022 IN FAVOUR OF CHINNAMMA JOHN Exhibit P5 TRUE COPY OF THE ACKNOWLEDGEMENT OF RECEIPT IT 4.3.2022 FOR TOKEN NO T5769987 Exhibit P6 TRUE COPY OF THE ACKNOWLEDGEMENT OF RECEIPT 4.3.2022 FOR TOKEN NO T 5770015 Exhibit P7 TRUE COPY OF THE PAY IN SLIP DT 4.3.2022 Exhibit P8 TRUE COPY OF THE PAY IN SLIP DT 4.3.2022 Exhibit P9 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT 5.3.2022 REJECTING REGISTRATION FOR T 577001501 Exhibit P10 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT 5.3.2022 REJECTING REGISTRATION FOR T T576998701.