Kerala High Court
Mahamood. P.N vs The District Collector, Kannur on 31 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
WP(C) NO. 26966 OF 2022
PETITIONER:
MAHAMOOD. P.N
AGED 68 YEARS, S/O PALLIKUTTY,
PALAKODAN MARATHAKAT HOUSE
KUPPAM P.O, TALIPARAMBA
KANNUR,PIN - 670572
BY ADVS.
SRI.ABDUL RAOOF PALLIPATH
SRI.K.R.AVINASH (KUNNATH)
SRI.E.MOHAMMED SHAFI
RESPONDENTS:
1 THE DISTRICT COLLECTOR, KANNUR
COLLECTORATE ROAD,
THAVAKKARA, KANNUR, PIN - 670002
2 THE TALUK LAND BOARD, TALIPARAMBA
REPRESENTED BY ITS CHAIRMAN
CIVIL STATION, KANNUR, PIN - 670002
3 TAHSILDAR
TALIPARAMBA TALUK
TALUK OFFICE, TALIPARAMBA,
KANNUR, PIN - 670141
4 THE SUB REGISTRAR
SUB REGISTRAR OFFICE, TALIPARAMBA
KANNUR, PIN - 670562
5 THE VILLAGE OFFICER
KURUMATHUR VILLAGE,
TALIPARAMBA, P.O, KANNUR, PIN - 670142
BY SRI.BIMAL K.NATH, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 26966 OF 2022
2
T.R. RAVI, J.
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W. P. (C). No.26966 of 2022
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Dated this the 31st day of August, 2022
JUDGMENT
Admit. Government Pleader takes notice for the respondents.
2. The petitioner is the owner of 50 cents of land in Re-
Sy.No.109/106 (Old Sy.No.31/1) of Kurumathoor Amsom Desom.
The prayer in the writ petition is for a direction to the 4 th
respondent to register the original of Ext.P4 draft sale deed on
presentation of the same and to direct the 5th respondent to effect
mutation of the property in the revenue records when registration
is effected by the 4th respondent. The reason for refusal is stated to
be a general direction issued by the 1st respondent as per Ext.P9
dated 29.07.2021, whereby registration regarding properties
comprised in certain survey numbers were prohibited. This Court
had held that there cannot be any such prohibitions to register
documents and the right of the State to initiate action is always
available, even if a registration is effected. I do not find any reason
to take a different view.
WP(C) NO. 26966 OF 2022
3. In the result, this writ petition is allowed. There will be
a direction to the 4th respondent to register the original of Ext.P4
draft sale deed on presentation of the same. On the basis of the
registration effected, the 5th respondent shall effect mutation of the
property. Needless to say that the right of the Government to
initiate steps or to continue steps under the Land Reforms Act is not
in any way affected by this judgment or by the Transfer of Registry
which is carried out based on the directions issued by this Court.
Sd/-
T.R. RAVI
JUDGE
dsn
WP(C) NO. 26966 OF 2022
APPENDIX OF WP(C) 26966/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE ASSIGNMENT DEED NO. 397/1993
Exhibit2 TRUE COPY OF THE PURCHASE CERTIFICATE NO.
1071/1976
Exhibit P3 TRUE COPY OF THE LAND REVENUE PAYMENT RECEIPT
DATED 26.5.2020 ISSUED BY THE 5TH RESPONDENT
Exhibit P4 TRUE COPY OF THE DRAFT SALE DEED DATED 5.1.2021
Exhibit5 TRUE COPY OF THE COMMUNICATION DATED 5.11.1993
Exhibit P6 TRUE COPY OF THE COMMUNICATION DATED 16.11.17
Exhibit7 TRUE COPY OF COMMON JUDGMENT IN WP(C) 1267/2021
& 1481/2021 DATED 6.9.2021
Exhibit P8 THE TRUE COPY OF LETTER NO. 1519/2021 DATED
29.11.2021 ISSUED BY 1ST RESPONDENT
Exhibit P9 THE TRUE COPY OF LETTER DATED 11.3.2022 ISSUED
BY 1ST RESPONDENT
Exhibit P10 TRUE COPY OF THE JUDGMENT IN WPC 24145/2019
DATED 26.9.19 OF THIS HON'BLE COURT.
