Kerala High Court
Krishnan vs The Sub Registrar on 11 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 27665 OF 2016 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 27665 OF 2016
PETITIONER/S:
KRISHNAN
AGED 46 YEARS
S/O.LATE SANKARA NARAYANAN NAMBOOTHIRIPAD,
VARIKKUMANCHERY MANA, MANISSERY, OTTAPALAM TALUK,
PALAKKAD DISTRICT.
BY ADV SRI.P.JAYARAM
RESPONDENT/S:
1 THE SUB REGISTRAR
OTTAPALAM-679101.
2 STATE OF KERALA
REPRESENTED BY SECRETARY, DEPARTMENT OF
REGISTRATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
ADDL.R3 RADHAKRISHNAN, S/O CHEMMANOOR GOPALAN,
P.O.CHEMMANOOR, THALAPPILLY TALUK, THRISSUR DISTRICT
680517
ADDL.R4 SUNIL KUMAR, S/O CHOONDAPURACKAL SREEDHARAN, P.O.,
CHEMMANOOR, THALAPPILLY TALUK, THRISSUR DISTRICT
680517
ADDL.R5 MURALEEDHARAN, S/O. VALIYDEDATH KUMARAN,
P.O.CHEMANOOR, THALAPPILLY TALUK, THRISSUR DISTRICT
WP(C) NO. 27665 OF 2016 2
680517
ADDL.R6 MANOJ, S/O CHOONDAPURACKAL SREEDHARAN,
P.O.CHEMMANOOR,THALAPPIILLY TALUK, THRISSUR
DISTRICT 680 511
ADDL.R7 SUGUNAN, S/O VALIYIL RAMAN, P.O. KAKKASSERY,
CHAVAKAD TALUK, THRISSUR DISTRICT 680 511
ADDL.R8 RAJEEV,S/O EZHUTHUPURACKAL APPU, P.O.KAKKASSERY,
CHAVAKAD TALUK, THRISSUR DISTRICT 680 511 (*ADDL.R3
TO R8ARE IMPLEADED AS PER ORDER DATED 5.9.2016 IN IA
14141/16)
BY ADV SRI.P.V.JEEVESH
OTHER PRESENT:
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 27665 OF 2016 3
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 27665 of 2016
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Dated this the 11th day of April, 2024
JUDGMENT
The above writ petition is filed with following prayers :
"i) Declare that the 1st respondent has no power, authority or jurisdiction to go into the questions of title and possession held by the petitioner and others with reference to the property covered by Exhibit P1 sale deed.
ii) Issue a writ of certiorari or other appropriate writ, direction or order quashing Ext.P2 order.
iii) Issue a writ of mandamus or other appropriate writ, direction or order directing the 1st respondent to register Exhibit P1 sale deed on production of its original
iv) Grant such other reliefs found just and proper in the facts and circumstances of the case." [sic]
2. When this writ petition came up for consideration on WP(C) NO. 27665 OF 2016 4 05.09.2016, this Court passed the following order :
"The petitioner intends to sell an item of property to respondents 3 to 8. Accordingly, a sale deed has been prepared and presented by the petitioner for registration. The grievance of the petitioner in the writ petition is that the Sub-Registrar is not permitting registration of the document presented by the petitioner.
2. The learned Government Pleader, on instructions, submitted that there exists a land ceiling proceedings in respect of the property and it is due to the said reason that the document was not permitted to be registered. The learned counsel for respondents 3 to 8 has no objection in purchasing the property subject to the outcome of the land ceiling proceedings.
In the circumstances, there will be an interim order directing the Sub-Registrar to register the document presented by the petitioner provisionally, pending disposal of the writ petition. Hand over."
In the light of the above order, no further direction is necessary. If any land ceiling proceedings are pending, the respondents are free to proceed with the same in accordance with law.
WP(C) NO. 27665 OF 2016 5Therefore, this writ petition is disposed of recording the order dated 05.09.2016.
sd/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 27665 OF 2016 6 APPENDIX OF WP(C) 27665/2016 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ASSIGMENT DEED DTD 27/4/2016 PREPARED TO ASSIGN THE PROPERTY OF THE PETITIONER AND OTHERS EXHIBIT P1(A) TRUE COPY OF THE ONLINE REGISTRATION DTD 11/8/2016 WITH REFERENCE TO EXHIBIT P1 SALE DEED EXHIBIT P2 TRUE COPY OF THE ORDER DTD 11/8/2016 REFUSING TO REGISTER EXHIBIT P1 ASSIGNMENT DEED ISSUED BY THE IST RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DTD 8/8/1977 IN OS NO 22/1974 ON THE FILES OF SUB COURT, OTTAPALAM EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN AIR 1985 KERALA 250 IN VASUDEVAN NAMBOODIRIPAD VS.RAVI NAMBOODIRIPAD.
EXHIBIT P5 TRUE COPY OF THE ORDER DTD 26/4/2012 IN S M NO 2/2003 ON THE FILES OF TALUK LAND BOARD, OTTAPALAM.
EXHIBIT P6 TRUE COPY OF THE ORDER B1.2012/27454/9/400
DTD 14/6/2013 PROCEEDINGS OF THE
TAHSILDAR, OTTAPALAM
EXHIBIT P7 TRUE COPY OF THE TAX RECEIPT DTD 11/4/2016
ISSUED FROM VANIYAMKULAM II VILLAGE TO THE PETITIONERS MOTHER AND OTHERS WITH RESPECT TO PRPERTY COVERED BY EXHIBIT P1 EXHIBIT P8 TRUE COPY OF THE POWER OF ATTORNEY DTD WP(C) NO. 27665 OF 2016 7 21/10/2013 EXCUTED BY PETITIONERS MOTHER AND HIS SIBLINGS IN FAVOUR OF THE PETITIONER.