Ramankutty vs The Sub Registrar
2021 Latest Caselaw 20892 Ker

Citation : 2021 Latest Caselaw 20892 Ker
Judgement Date : 6 October, 2021

Kerala High Court

Ramankutty vs The Sub Registrar on 6 October, 2021

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                 THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

         WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943

                              WP(C) NO. 20256 OF 2021

PETITIONERS:

     1         RAMANKUTTY,
               AGED 64 YEARS,
               S/O.CHAMI @ PONNAN,
               KUNDIL HOUSE, ARIYUR P.O.,
               MANNARKKAD, PALAKKAD

     2         KALLYANIKUTTY,
               D/O.CHAMI @ PONNAN,
               KUNDIL HOUSE, ARIYUR P.O.,
               MANNARKKAD, PALAKKAD

     3         BHASKARAN
               S/O.CHAMI @ PONNAN,
               KUNDIL HOUSE, ARIYUR P.O.,
               MANNARKKAD, PALAKKAD

               BY ADVS.
               K.MOHANAKANNAN
               H.PRAVEEN (KOTTARAKARA)


RESPONDENTS:

     1         THE SUB REGISTRAR
               ALANALLUR, PALAKKAD - 678 601

     2         THE DISTRICT COLLECTOR
               CIVIL STATION, PALAKKAD - 678 001

     3         THE VILLAGE OFFICER
               KOTTOPADAM-II VILLAGE, MANNARKKAD,
               PALAKKAD - 678 583


OTHER PRESENT:

               SMT. SURYA BENOY - SR.G.P



      THIS     WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON

06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C)No.20256 of 2021

                                  2



                         JUDGMENT

Dated this the 06th day of October, 2021

The petitioners seek that the 1st respondent be

directed to register Exts.P7 to P9 - Partition deeds, within a

time frame to be fixed by this Court.

2. The petitioners allege that the 1st respondent is

refusing to register Exts.P7 to P9 without any cogent or

reliable cause, but merely saying that a writ petition filed by

their father earlier, namely W.P.(C)No.21042/2013, is still

pending before this Court.

3. The learned Senior Government Pleader -

Smt.Surya Benoy, submitted that the 1st respondent has not

yet issued any orders rejecting permission to register

Exts.P7 to P9 - Partition deeds and thus prayed that the said

Authority be allowed to take a decision thereon as per law.

4. When I consider the afore submissions, I am aware W.P(C)No.20256 of 2021

that W.P.(C)No.21042/2013 has been today disposed of by

this Court, finding that the document in favour of the

petitioners' father had been registered in terms of the

interim order issued in the said case. It is, therefore,

obvious that the Competent Registering Officer had allowed

the registration of a property, at the request of the father of

the petitioners, of which the extents involved in this case are

part of.

I am, therefore, of the firm view that the 1st

respondent must consider the petitioners' request for

registration of Exts.P7 to P9 in terms of law, after affording

them an opportunity of being heard, within a short time

frame.

Resultantly, this writ petition is allowed and the 1 st

respondent is directed to consider registration of Exts.P7 to

P9 Partition Deeds - the charges for which purpose are

stated to have been already remitted by the petitioners -

culminating in an appropriate order and necessary action

thereon, as expeditiously as is possible but not later than two

weeks from the date of receipt of a copy of this judgment.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE

APPENDIX

PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF THE DOCUMENT NO.3182 OF 1973 OF MANNARKKAD SRO DATED 14.9.1973 Exhibit P1(A) TRUE COPY OF THE PURCHASE CERTIFICATE WAS ISSUED BY THE LAND TRIBUNAL, OTTAPALAM Exhibit P2 TRUE COPY OF THE JUDGMENT IN OP 31490 OF 1999 DATED 14.6.2007 Exhibit P3 TRUE COPY OF THE GIFT DEED EXECUTED BY THE PETITIONERS FATHER IN FAVOUR OF THE 1ST PETITIONER DATED 1.8.2013 Exhibit P4 TRUE COPY OF THE INTERIM ORDER DATED 25.10.2013 IN WRIT PETITION NO.21042/2013 Exhibit P5 TRUE COPY OF THE BASIC TAX RECEIPT DATED 25.6.2021 Exhibit P6 TRUE COPY OF THE THADAPER ACCOUNT OF THE PROPERTY ISSUED BY THE VILLAGE OFFICER, KOTTOPPADAM -II

Exhibit P7 TRUE COPY OF THE DRAFT PARTITION DEED DATED 17.8.2021 SUBMITTED BY THE 1ST PETITIONER ON BEHALF OF OTHER PETITIONERS WITH THANDAPER ACCOUNT Exhibit P8 TRUE COPY OF THE DRAFT PARTITION DEED DATED 17.8.2021 SUBMITTED BY THE 1ST PETITIONER ON BEHALF OF OTHER PETITIONERS WITH THANDAPER ACCOUNT Exhibit P9 TRUE COPY OF THE DRAFT PARTITION DEED DATED 17.8.2021 SUBMITTED BY THE 1ST PETITIONER ON BEHALF OF OTHER PETITIONERS WITH THANDAPER ACCOUNT Exhibit P10 TRUE COPY OF THE PAY - IN - SLIP DATED 19.8.2021