Kerala High Court
Samson And Sons Builders And ... vs A.Gireesh Kumar on 7 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
Tuesday, the 7th day of September 2021 / 16th Bhadra, 1943
CON.CASE(C) NO. 1126 OF 2021(S) IN WP(C) No.2533 OF 2021
PETITIONERS/PETITIONERS:
1. SAMSON AND SONS BUILDERS AND DEVELOPERS PVT.LTD HAVING REGISTERED
OFFICE AT TC 3/678, TKD ROAD, MUTTADA , THIRUVANANTHAPURAM-695 025,
REPRESENTED BY ITS MANAGING DIRECTOR MR.JOHN JACOB
2. Mr..SAMUEL JACOB, DIRECTOR, SAMSON AND SONS BUILDERS AND DEVELOPERS
PVT.,LTD, HAVING REGISTERED OFFICE AT TC 3/678, TKD ROAD, MUTTADA ,
THIRUVANANTHAPURAM-695 025,
BY ADVS.S.SREEKUMAR (SR.),P.MARTIN JOSE,THOMAS P.KURUVILLA,MANJUNATH
MENON,P.PRIJITH,AJAY BEN JOSE,
RESPONDENT/RESPONDENT No.2:
Mr.A.GIREESH KUMAR, THE SUB REGISTRAR, SUB REGISTRAR OFFICE,
KARAKULAM, THIRUVANANTHAPURAM,PIN-695 564
BY SENIOR GOVERNMENT PLEADER
This Contempt of court case (civil) having come up for orders on
07.09.2021, the court on the same day passed the following:
Exhibit P4:- True copy of sale deed dated 9/12/2020 executed in
favour of the 4th Respondent.
Exhibit P5:- True copy of sale deed dated 6/1/2021 executed in
favour of the 5th Respondent.
Exhibit P6:- True copy of sale deed dated 18/1/2021 executed in
favour of the Respondents 6 and 7
V.G.ARUN (J)
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Con.Case(C) No.1126 of 2021
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Dated this the 7th day of September, 2021
ORDER
The stand of the respondent, as reflected from the
affidavit, is that, despite the direction of this Court, the
petitioners are liable to pay the fine amount stipulated in
Rule 44 of the Registration Rules (Kerala) 1958.
2. Rule 44 dealing with fines for delays in
presentation and appearance under Sections 25 and 34 reads
as under:
When the delay does not A fine equal to the
exceed one week after the registration fee
expiration of the time allowed
for presentation or appearance
When the delay exceeds one A fine equal to twice the
week but does not exceed one registration fee
calendar month
When the delay exceeds one A fine equal to five times
month but does not exceed two the registration fee
months
When the delay exceeds two A fine equal to ten times the
months but does not exceed registration fee
four months
Con.Case(C) No.1126 of 2021
Section 25 of the Registration Act deals with cases
where delay in presentation is unavoidable and Section 34
provides for an enquiry before registration.
3. In his affidavit, the respondent has also stated
that as per the Kerala Registration Manual Orders MO:
411, the Registering Officer, who registers a document
presented after four months of execution, acts without
authority and that, Rule 189 of the Registration Rules
(Kerala) 1958, makes such officer liable for revenue loss, if
any, to the Government.
4. In the case at hand, the documents were
submitted for registration within time, but were refused to
be registered on the premise that the Enforcement
Directorate had issued a letter to the Registering
Authority, interdicting the registration. The Enforcement
Directorate clarified that they had no objection in the
documents being registered and accordingly, Annexure - I
judgment was rendered by this Court directing the
respondent to register Exts.P4, P5 and P6 sale deeds. In
Con.Case(C) No.1126 of 2021
consonance with the direction, the petitioners produced
the documents for registration and the respondents, again
refused to register the documents, without payment of fine
under Rule 44 of the Kerala Registration Rules. The
alleged reason being that the documents were presented
after four months of execution. Indisputably, the obstinate
and unjustified stand taken by the Registering Authority at
the first instance is the sole reason for the delay in
registration. The documents, though presented within
time, were not accepted. The objection against registration
having been found to be without substance and this Court
having directed registration of the documents, the
respondent is bound to abide by the direction, rather than
raising unmerited objections, as has been done through
this affidavit.
Post this matter after ten days.
Sd/-
V.G.ARUN
JUDGE
RK
07-09-2021 /True Copy/ Assistant Registrar
