Kerala High Court
George P.O vs The Sub Registrar on 14 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA,
1943
WP(C) NO. 9143 OF 2021
PETITIONERS:
1 GEORGE P.O., AGED 63 YEARS
S/O.PANICHAYAM KARAYIL POKKATHAYI OUSEPH,
POKKATHAYI HOUSE, ASAMANNOOR VILLAGE,
NEDUNJAPRA P.O., KUNNATHUNADU TALUK,
ERNAKULAM-683 549.
2 MARY OUSEPH, AGED 65 YEARS
D/O.PANICHAYAM KARAYIL POKKATHAYI OUSEPH AND
W/O.POULOSE OUSEPH, KAVANAMATTOM HOUSE,
ASAMANNOOR VILLAGE, PANICHAYAM KARAYIL,
ASAMANNOOR P.O., KUNNATHUNADU TALUK,
ERNAKULAM-683 549.
3 ANNIE ISAAC, AGED 59 YEARS
D/O.PANICHAYAM KARAYIL POKKATHAYI OUSEPH AND
W/O.PAILY ISAAC, KAVANAMATTOM HOUSE,
ASAMANNOOR VILLAGE, PANICHAYAM KARAYIL,
ASAMANNOOR P.O., KUNNATHUNADU TALUK,
ERNAKULAM-683 549.
BY ADV. SRI.DEEPU LAL MOHAN
RESPONDENTS:
1 THE SUB REGISTRAR, OFFICE OF THE SUB REGISTRAR,
KURUPPAMPADY P.O., ERNAKULAM-683 545.
2 THE VILLAGE OFFICER,
OFFICE OF THE VILLAGE OFFICER, ASAMANNOOR P.O.,
ERNAKULAM-683 549.
BY ADV. SMT. K.AMMINIKUTTY (SR.GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.9143 of 2021
2
JUDGMENT
The petitioners claim to be the owners
of a property comprised of in Survey
No.452/6/1, of the Asamannoor Village and they
assert title to it through Ext.P1.
2. The petitioners say that their father
- Sri.P.P.Ouseph, was the original owner of
the said property and that he was enjoying
uninterrupted possession of the same, until he
died on 12.09.2010. They say that their mother
subsequently died on 05.02.2020 - which is
evident from Ext.P2, and that they are the
only legal heirs of their parents, thus being
eligible to full ownership and possession of
the property in question.
3. The petitioners allege that, this
being so, a Possession Certificate, which was
issued to them earlier by the Village Officer,
was cancelled by the said officer without
assigning any reason through Ext.P15 order on
W.P.(C) No.9143 of 2021
04.12.2020; and on the same day, the Sub
Registrar, Kuruppampady, refused the
registration of Ext.P13 Release Deed executed
by petitioners 2 and 3 in favour of the 1st
petitioner.
4. The petitioners assert that Exts.P14
and P15 are wholly illegal and unlawful
because; for one, the Village Officer could
not have issued Ext.P15 without following due
procedure, particularly when there is no
contest that their parents were in
uninterrupted ownership and possession of the
property until their deaths and subsequently
they have been continuing so; and for the
second, because for registering Ext.P13, the
insistence on a Possession Certificate was
unnecessary and impermissible. The petitioners
rely in substantiation on the judgments of the
Honourable Supreme Court in Eshaque v. Sub
Registrar [2002 KHC 74] and Thambayiama E.V.
W.P.(C) No.9143 of 2021
v. Sub Registrar, Kasaragod and Another [2020
(1) KHC 858].
5. The petitioners, therefore, pray that
Exts.P14 and P15 be set aside and the Sub
Registrar be directed to register Ext.P13,
within a time frame to be fixed by this Court.
6. In reply to the afore submissions of
Sri.Deepu Lal Mohan - learned counsel for the
petitioner, Smt.K.Amminikutty - learned Senior
Government Pleader, submitted that, as is
evident from Ext.P14, the petitioners have no
right over the property, except that they
claim possession over the same; and thus
contended that the Sub Registrar was
completely justified in having rejected their
request for registering Ext.P13. She added
that, since the petitioners' Possession
Certificate has been cancelled by the Village
Officer, the Sub Registrar had no other
option, but to deny the registration of
W.P.(C) No.9143 of 2021
Ext.P13, since the claim of possession by the
petitioners over the property has not been
validly established.
7. When I evaluate the afore submission
of Smt.K.Amminikutty, from the touchstone of
the materials on record, I cannot find favour
with it because Ext.P15 has been issued by the
Village Officer cancelling an earlier
possession certificate issued by him in favour
of the petitioners without even affording them
an opportunity of being heard. The petitioners
claim ownership and possession of the property
through various documents - copies of which
have been placed on record - but none of these
have been considered by the Village Officer
while the earlier possession certificate had
been cancelled. I am unable to fathom under
which provision in law the said Authority has
done so and how a Possession Certificate,
earlier issued, could have been "frozen"
W.P.(C) No.9143 of 2021
without any steps being initiated for it to be
withdrawn or cancelled in terms of law.
8. That apart, as rightly stated by
Sri.Deepu Lal Mohan, the production of a
possession certificate is not relevant as far
as the registration of a document is concerned
because what is important is the nature of the
title that the petitioner asserts with respect
to the property and the manner of the
assignment which they propose with respect to
it. In the case at hand, Ext.P13 is seem to be
executed by petitioners 2 and 3 in favour of
1st petitioner - their own sibling - on the
assertion that they were in continuous
ownership and possession of the property in
question, subsequent to the death of their
parents.
9. I, therefore, am of the firm opinion
that both Exts.P14 and P15 cannot find favour
and that the matter will certainly require to
W.P.(C) No.9143 of 2021
be reconsidered by the competent Authority.
10. In the afore circumstances, I quash
Exts.P14 and P15; with a direction to the
Village Officer, Asamannoor, to hear the
petitioner and decide whether any action is
required to be taken with respect to the
Possession Certificate bearing no.50681768,
which had been issued to them earlier. The
petitioners, of course, are at liberty to
produce all relevant documents before the said
respondent to demonstrate their possession
over the property in question; and the said
Authority will, thereafter, issue an
appropriate order within a period of two weeks
from the date of receipt of a copy of this
judgment.
11. Once an order is issued by the Village
Officer in terms of the afore directions, the
petitioners will be at liberty to produce the
same before the 1st respondent - Sub
W.P.(C) No.9143 of 2021
Registrar, who will thereafter consider their
request for registration of Ext.P13, noticing
the fact that the same does not assign
property in his technical sense, but only
causes the release of the rights of
petitioners 2 and 3 in favour of 1st
petitioner. While doing so, the said Authority
will also keep in mind the afore precedents
cited by Sri.Deepu Lal Mohan.
The action as afore ordered shall be
completed by the 1st respondent - Sub
Registrar, within a period of two weeks from
the date on which the petitioners approach him
as directed above.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN, JUDGE.
ww
W.P.(C) No.9143 of 2021
APPENDIX OF WP(C) 9143/2021
PETITIONERS' EXHIBITS:
EXHIBIT P1 THE PHOTOCOPY OF PARTITION DEED
NO.578/1967 DATED 18.02.1967 OF
PERUMBAVOOR SUB REGISTRAR'S OFFICE.
EXHIBIT P2 THE PHOTOCOPY OF THE DEATH CERTIFICATE
BEARING NO.D0020643-1009142 DATED
24.09.2010 ISSUED BY THE ASAMANNOOR GRAMA
PANCHAYAT.
EXHIBIT P3 THE PHOTOCOPY OF THE DEATH CERTIFICATE
BEARING NO.D0020643-2002261 DATED
05.05.2020 ISSUED BY THE ASAMANNOOR GRAMA
PANCHAYAT.
EXHIBIT P4 THE PHOTOCOPY OF RELATIONSHIP CERTIFICATE
BEARING NO.50511568 DATED 25.09.2020
ISSUED BY THE ASHAMANNOOR VILLAGE OFFICE.
EXHIBIT P5 THE PHOTOCOPY OF TAX RECEIPT BEARING
NO.4412232 DATED 19.04.2013 ISSUED BY THE
ASHAMANNOOR VILLAGE OFFICE IN RESPECT OF
REMITTANCE OF TAX IN THANDAPER NO.2218
FOR THE YEAR 2012-2014.
EXHIBIT P6 THE PHOTOCOPY OF LOCATION SKETCH BEARING
NO.1541/113 DATED 28.10.2013 ISSUED BY
THE ASHAMANNOOR VILLAGE OFFICE IN RESPECT
20 ARES OF PROPERTY SITUATED IN RE-SURVEY
NO.265/9 AND 3.20 ARES OF PROPERTY
SITUATED IN RE-SURVEY NO.265/10IN BLOCK
NO.14, ASAMANNOOR VILLAGE, KUNNATHUNAD
TALUK, ERNAKULAM DISTRICT.
EXHIBIT P7 THE PHOTOCOPY OF TAX RECEIPT BEARING
NO.KL07051705420/2020 DATED 30.07.2020
ISSUED BY THE ASHAMANNOOR VILLAGE OFFICE
IN RESPECT OF REMITTANCE OF TAX IN
THANDAPER NO.2218 FOR THE YEAR 2020-2021.
W.P.(C) No.9143 of 2021
EXHIBIT P8 THE PHOTOCOPY OF POSSESSION CERTIFICATE
BEARING NO.50681768 DATED 02.10.2020
ISSUED BY THE ASHAMANNOOR VILALGE OFFICE.
EXHIBIT P9 THE PHOTOCOPY OF THANDAPER ACCOUNT OF
ASHAMANNOOR VILALGE OFFICE IN RESPECT OF
20 ARES OF PROPERTY SITUATED IN RE-SURVEY
NO.265/9 IN BLOCK NO.14, ASAMANOOR
VILALGE, KUNNATHUNAD TALUK, ERNAKULAM
DISTRICT IN THANDAPER ACCOUNT NO.2218
DATED 27.09.2020.
EXHIBIT P10 THE PHOTOCOPY OF THANDAPER ACCOUNT OF
ASHAMANNOOR VILLAGE OFFICE IN RESPECT OF
3.20 ARES OF PROPERTY SITUATED IN RE-
SURVEY NO.265/10 IN BLOCK NO.14,
ASAMANNOOR VILLAGE, KUNNATHUNAD TALUK,
ERNAKULAM DISTRICT IN THANDAPER ACCOUNT
NO.2218 DATED 27.09.2020.
EXHIBIT P11 THE PHOTOCOPY OF THE RELEVANT EXTRACT OF
BASIC TAX RESISTER ISSUED BY THE
ASHAMANNOR VILLAGE OFFICER DATED
06.01.2021 IN RESPECT OF PROPERTY
SITUATED IN RE-SURVEY NO.265/9 AND 3.20
ARES OF PROPERTY SITUATED IN RE-SURVEY
NO.265/10 IN BLCOK NO.14, ASAMANNOR
VILLAGE, KUNNATHUNAD TALUK, ERNAKULAM
DISTRICT INCLUDED IN THANDAPER ACCOUNT
NO.2218.
EXHIBIT P12 THE PHOTOCOPY OF THE RELEVANT EXTRACT OF
SETTLEMENT REGISTER ISSUED BY THE
TECHNICAL ASSISTANT, CENTRAL SURVEY
OFFICE, SURVEY AND LAND RECORDS,
THIRUVANANTHAPURAM DATED 14.12.2020.
EXHIBIT P13 THE PHOTOCOPY OF RELEASE DEED DATED
03.12.2020 EXECUTED BY PETITIONERS 2 AND
3 IN FAVOUR OF THE 1ST PETITIONER.
EXHIBIT P14 THE PHOTOCOPY OF OBJECTION BEARING
NO.C111/2020 DATED 04.12.2020 ISSUED BY
THE 1ST RESPONDENT.
W.P.(C) No.9143 of 2021
EXHIBIT P15 THE PHOTOCOPY OF LETTER NO.277/20 DATED
04.12.2020 ISSUED BY THE 2ND RESPONDENT
TO THE 1ST PETITIONER.
