IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 13096 OF 2022
PETITIONER:
V P MOOSAN.,
AGED 48 YEARS
S/O.M.P. MUHAMMED KUNHI,
VAYALPATH PUTHIYAPURAYIL HOUSE, THAZHE CHORUKKALA,
KURUMATHUR P.O., KURUMATHUR AMSOM, TALIPARAMBA
TALUK, KANNUR DISTRICT 670 142.
BY ADVS.
V.T.MADHAVANUNNI
V.A.SATHEESH
ANAND V.S
RESPONDENTS:
1 THE SUB REGISTRAR,
OFFICE OF THE SUB REGISTRAR,
TALIPARAMBA, KANNUR DISTRICT 670 141.
2 VILLAGE OFFICER,
KURUMATHUR VILLAGE, P.O. KURUMATHUR, TALIPARAMBA
TALUK, KANNUR DISTRICT 670 142.
3 TAHSILDAR,
TALUK OFFICE, TALIPARAMBA, P.O. TALIPARAMBA,
KANNUR DISTRICT 670 141.
4 DISTRICT COLLECTOR,
KANNUR DISTRICT , CIVIL STATION P.O.,
KANNUR 670 002.
5 CHAIRMAN,
TALUK LAND BOARD,
TALIPARAMBA , CIVIL STATION, KANNUR 670 002.
OTHER PRESENT:
SMT MABLE C KURIAN SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13096 OF 2022 2
JUDGMENT
The petitioner has approached this Court with a singular plea that the 1st respondent - Sub Registrar be directed to register a Sale Deed with respect to the property covered by Ext.P6, as and when it is presented before him. He says that he has been constrained to approach this Court because, when he presented the document, it was refused to be accepted, stating that there are pending 'Ceiling Proceedings' against the property in question and therefore, that it cannot be registered.
2. The petitioner asserts that it has now been well settled, through a series of judgments of this Court and that of the Honourable Supreme Court, that merely because Ceiling Proceedings are pending against a property, registration of the transactions thereon cannot be interdicted. He, therefore, reiteratingly prayed that the 1st respondent be directed to register the document, as and when it is presented before him.
3. The afore submissions, made on behalf of the petitioner by his learned counsel - Shri.V.T.Madhavan Unni, were refuted by the learned Senior Government Pleader - Smt.Mable WP(C) NO. 13096 OF 2022 3 C.Kurian, saying that as long as there are Ceiling Proceedings pending against the property, it will not be justified for the petitioner to make any transactions thereon or to seek that Sale Deed with respect to it be registered. She added that, in fact, the competent District Collector has already issued an order under Section 120A of the Kerala Land Reforms Act on 03.08.2021. She, therefore, prayed that this Writ Petition be dismissed.
4. I must say that I cannot find favour with the afore submissions of the learned Senior Government Pleader because it has been well settled, as correctly stated by the petitioner, that mere pendency of Land Ceiling Proceedings cannot be a reason to disallow transactions on a property. Obviously, therefore, the Sub Registrar cannot decline to register documents for this reason alone.
5. That said, issuance of an order under Section 120A of the Land Reforms Act, as stated by the learned Senior Government Pleader, would also be of no consequence at all because, as has been admitted, said order was issued in the WP(C) NO. 13096 OF 2022 4 year 2021.
In the afore circumstances, I order this Writ Petition and direct the 1st respondent - Sub Registrar, to accept the Sale Deed with respect to the property in question, as and when it is presented before him by the petitioner or the purchaser; and to register the same, subject to all other requirements being satisfied, without any avoidable delay.
Needless to say, the afore directions cannot be construed by any person, including the petitioner or the purchaser, to mean that the Ceiling Proceedings against the property is, in any manner, impeded; and the competent Authority is at full liberty to complete such proceedings and to initiate appropriate action consequent thereto, as per the Act, in future.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/28.5 WP(C) NO. 13096 OF 2022 5 APPENDIX OF WP(C) 13096/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JENM DEED EXECUTED BY KUNIMML ABDUR RAHIMAN HAJI IN FAVOUR OF THE PETITIONER DATED 24.12.2011.
Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT ISSUED TO THE PETITIONER BY THE VILLAGE OFFICER, KURUMATHUR DATED 23.3.2022.
Exhibit P3 TRUE COPY OF THE THANDAPER ACCOUNT OF THE PROPERTY ISSUED TO THE PETITIONER BY THE VILLAGE OFFICER KURUMATHUR DATED 23.3.2022.
Exhibit P4 TRUE COPY OF THE ORDER OF THE TALUK LAND BOARD DATED 7.7.2011.
Exhibit P5 TRUE COPY OF THE JUDGMENT OF THIS HONBLE COURT IN WPC NO. 15284/2016 DATED 29.4.2016.
Exhibit P6 TRUE COPY OF THE DRAFT DEED PREPARED WITH RESPECT THE PROPERTY OF THE PETITIONER DATED 26.3.2022.