Kerala High Court
K.E.Paulose vs The Sub Registrar on 14 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
WP(C) NO. 901 OF 2021
PETITIONER:
K.E.PAULOSE
AGED 83 YEARS
S/O. LATE EYOB MATHEW @ EASO, KARUMANGOTTIL HOUSE,
VENGOLA VILLAGE, ALLAPRA P.O., KUNNATHUNAD TALUK,
ERNAKULAM DISTRICT-683553.
BY ADVS.
P.P.BIJU
SRI.M.U.DEVASSIKUTTY
RESPONDENTS:
1 THE SUB REGISTRAR
SUB REGISTRAR OFFICE, CIVIL STATION, PERUMBAVOOR,
ERNAKULAM DISTRICT-683552.
2 THE VILLAGE OFFICER,
VENGOLA VILLAGE OFFICE, VENGOLA P.O., ERNAKULAM
DISTRICT-671531.
BY SMT.SHEEJA.C.S., GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.901/2021
2
P.V.KUNHIKRISHNAN, J.
-------------------------------
W.P.(C).No.901 of 2021
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Dated this the 14th day of July, 2021
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of Certiorari or any other writ, order
to quash Exhibit-P7 notice issued by the 1 st
respondent.
ii. Issue a writ of mandamus or any other writ, order
or direction, directing the 1 st respondent to accept
Exhibit-P2 document and register the same
without any delay.
iii. Be further pleased to issue such other writ or
order or direction as deem just and proper in the
circumstances of the case.
2. According to the petitioner, his father was having
an extent of 56.70 Ares of land in Resurvey No.228/8 and
32.90 Ares of land in Survey No.226/7 of Vengola Village in
Kunnathunad Taluk. Ext.P1 is the land tax receipt issued by
the Village Officer, Vengola Village. The petitioner submitted
W.P.(C).No.901/2021
that both the father and mother of the petitioner died intestate
and the petitioner is the elder son of the family. The petitioner
took steps to execute a partition deed between the legal heirs
of late Eyob. The petitioner submitted Ext.P2 partition deed
before the 1st respondent for registration. The 1st respondent
refused to accept and register the same, saying that prior
documents showing the title is not produced. Ext.P7 is the
notice issued by the 1st respondent to the petitioner.
Aggrieved by the same, this writ petition is filed.
3. Heard the counsel for the petitioner and the
Government Pleader.
4. The counsel for the petitioner submitted that in the
light of Ext.P8 judgment and the other judgments of this Court
in Thambayiama v. Sub Registrar [2020 (2) KLT 423] and
Sumathi v. State of Kerala [2018 (4) KLT 959], the
Registrar is bound to register the document. The counsel
submitted that in the light of the above decisions, the reply
given by the 1st respondent as evident by Ext.P7 will not stand.
The Government Pleader submitted that no prior documents
are produced and that is why the 1 st respondent refused to
register the document. The Government Pleader submitted
W.P.(C).No.901/2021
that a statement is also filed narrating the entire facts and
circumstances, which leads to Ext.P7. The Government
Pleader submitted that the legal heirship certificate is also not
produced.
5. The counsel for the petitioner submitted that he is
ready to produced the legal heirship certificate before the 1 st
respondent. The counsel takes me through Ext.P6 in which
the name of the pattadhar is mentioned as Eyob Mathu,
Karumankodan. The counsel submitted that Ext.P7 reply will
not stand in the light of the above decisions.
6. In Ext.P8 judgment this Court observed as follows:
"The petitioner presented a document for
registration. The document is executed as a gift deed
in favour of his wife. The petitioner wants to transfer
his property comprised in Re-Sy.No. 12/10 in
Kizhakkenchery -II Village in Alathur Taluk, in favour
of his wife. It appears that the petitioner is in
possession of the land seen from the possession
certificate issued by the Village Officer and also seen
from the basic tax register. Thandaper account also
stands in the name of the petitioner. The Sub
Registrar noted that there is no prior title deeds
showing the ownership of the petitioner, the
documents cannot be registered.
2. The possessory rights also can be conveyed. There
W.P.(C).No.901/2021
is no bar impediment under law in transferring the
possessory right of a person to another person. The
possession is based on a lease or under a title, is not
a matter of enquiry by the Sub Registrar. What all
the rights the petitioner is having, alone can be
conveyed to the transferee.
Therefore, there shall be a direction to the Sub
Registrar to accept the document and register the
same in accordance with law, within a period of two
weeks from the date of receipt of a copy of this
judgment.
The writ petition is disposed of accordingly."
7. In the light of the above judgment and in the light
of the other judgments cited by the petitioner which is
mentioned in paragraph 4 of the judgment, I think Ext.P7 will
not stand. According to me, when the statute clearly says that
the Registrar is bound to register a document if it is in order
and as per the provisions of the statutory provisions, he can't
insist for an order from the court for registering a document.
According to me that finding of the Registrar is also incorrect.
Therefore this writ petition is allowed in the following
manner:
1. Ext.P7 order is set aside.
2. The 1st respondent is directed to accept the
W.P.(C).No.901/2021
original of Ext.P2 document and register the
same in accordance to law, if it is otherwise in
order.
3. The petitioner will produce the legal heirship
certificate along with the original of Ext.P2.
Sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.901/2021
APPENDIX OF WP(C) 901/2021
PETITIONER ANNEXURE
EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT
DATED 18.6.2020 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE PARTITION DEED ALONG
WITH ONLINE PAY IN SLIP DATED
5.1.2021.
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF
FIELD REGISTER ISSUED FROM THE CENTRAL
SURVEY OFFICE, THIRUVANANTHAPURAM.
EXHIBIT P4 TRUE COPY OF THE RELATIONSHIP
CERTIFICATES DATED 9.9.2020 ISSUED BY
THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE RELATIONSHIP
CERTIFICATES DATED 1.10.2020 ISSUED BY
THE 2ND RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE THANDAPER ACCOUNT
DATED 22.6.2020 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE NOTICE DATED 5.1.2021
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED
16.2.2018 IN WPC NO.2871/2018 OF THIS
HON'BLE COURT.
