V.U.Sidhikku Alias V.U.Sidhik ... vs The District Registrar
2021 Latest Caselaw 11065 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

   WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                       WP(C).No.4303 OF 2021(K)


PETITIONER:

               V.U.SIDHIKKU ALIAS V.U.SIDHIK ALIAS SIDHICK
               AGED 68 YEARS
               S/O.UMMAR, BUSINESS, RESIDING AT VELIYATHUKUDY HOUSE,
               PUTHUPADY P.O., PIN-686 673, PERUMATTOM KARA,
               VELLOORKKUNNAM VILLAGE, MUVATTUPUZHA TALUK,
               ERNAKULAM DISTRICT.

               BY ADVS.
               SRI.JACOB CHACKO
               SRI.MATHEWS JOSEPH

RESPONDENTS:

      1        THE DISTRICT REGISTRAR
               OFFICE OF THE DISTRICT REGISTRAR,
               COLLEGE GROUND JUNCTION, ERNAKULAM,
               PIN-682 011.

      2        THE SUB REGISTRAR,
               OFFICE OF SUB REGISTRAR, MUVATTUPUZHA,
               ERNAKULAM DISTRICT, PIN-686 673.




               SMT SHEEJA CS SR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD         ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4303 OF 2021(K)              2




                                    JUDGMENT

Being aggrieved by the refusal of the 2nd respondent to register

Ext.P4, which is purportedly an 'indenture of sublease', the petitioner is before

this Court seeking directions. The solitary prayer sought for is for a direction

to the 2nd respondent to register Ext.P4 sublease in accordance with law.

2. A statement has been filed by the 2nd respondent. In paragraph

No. 8 of the statement, it is stated that the allegation that the document was

presented for registration on 15.2.2021 and the 2nd respondent had refused

registration is untrue. It is stated that no document was presented before the

2nd respondent and that he had no occasion to refuse registration. It is

further stated that the Sub Registrar is not the competent authority to

determine the stamp duty and that he can only act in accordance with the

provisions of the Act and Rules.

3. I have heard Sri. Jacob Chacko, the learned counsel appearing

for the petitioner and the learned Senior Government pleader.

4. Sri. Jacob Chacko submitted that in view of the contentions

advanced in the statement, he shall present the document for registration

before the 2nd respondent and his only request is that the said respondent

be directed to act in accordance with the provisions of the Registration Act,

1908 and the Rules framed thereunder.

5. I have considered the submissions advanced. The 2nd

respondent has taken an unequivocal stand that the petitioner had not

presented the document for registration before the said authority. The

registration could be refused only in accordance with part XII of the

Registration Act, 1908 and Rule 191 which provides for the reasons for refusal

to register. No materials are produced before this Court to show that the

document was in fact presented and that the 2nd respondent had recorded

the reasons for refusal. In that view of the matter, I direct the petitioner to

present the document before the 2nd respondent within a period of ten days

from today. If the document is so presented, the 2nd respondent may either

register the same or refuse to register. If registration is refused, he shall

provide reasons for the same so as to enable the petitioner to exhaust his

remedies in accordance with law.

This writ petition is disposed of.

SD/-

RAJA VIJAYARAGHAVAN V

JUDGE sru

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE LEASE DEED NO.2893/2020 IN BOOK NO.1 VOLUME NO.236 PAGES 99 TO 117 OF MUVATTUPUZHA SUB REGISTRY DATED 12.10.2020.

EXHIBIT P2 TRUE COPY OF THE RECEIPT OF ADJUDICATION DATED 28.10.2020 ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY RELIANCE BP MOBILITY LIMITED IN FAVOUR OF GOPALAKRISHNAN.R. DATED 13.11.2020.

EXHIBIT P4 TRUE COPY OF THE SUB LEASE DATED 15.02.2021 PREPARED IN RS.1,000/- PRINTED IN STAMP PAPER NO.W 302259.

EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGEMENT FOR ONLINE TOKEN REGISTRATION FROM REGISTRATION DEPARTMENT DATED 15.02.2021.

RESPONDENTS' EXHIBITS:

NIL