Kerala High Court
Beevi.K.K.P vs The District Collector, Kannur on 25 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
WP(C) NO. 24613 OF 2022
PETITIONER:
BEEVI.K.K.P
AGED 61 YEARS
W/O ABDUL SALAM,
SABI SALAYAM, POKKUNDU,
KURUMATHUR, KANNUR PIN - 670 142
BY ADVS.
ABDUL RAOOF PALLIPATH
K.R.AVINASH (KUNNATH)
M.K.SUMOD
E.MOHAMMED SHAFI
RESPONDENTS:
1 THE DISTRICT COLLECTOR, KANNUR
DISTRICT COLLECTOR'S OFFICE,
THAVAKKARA ROAD,
KANNUR PIN - 670 002
2 THE THALUK LAND BOARD, TALIPARAMBA
REPRESENTED BY ITS CHAIRMAN
CIVIL STATION, KANNUR PIN - 670 002
3 THE TAHSILDAR
TALIPARAMBA TALUK
TALUK OFFICE, TALIPARAMBA,
KANNUR PIN - 670 141
4 THE SUB REGISTRAR
SUB REGISTRAR OFFICE, TALIPARAMBA
KANNUR PIN - 670 562
5 THE VILLAGE OFFICER
KURUMATHUR VILLAGE,
TALIPARAMBA, P.O,
KANNUR PIN - 670 142
SMT. C. S. SHEEJA, SR.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.24613 OF 2022
2
T.R.RAVI, J.
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WP(C) No.24613 of 2022
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Dated this the 25th day of August, 2022
JUDGMENT
Admit. Government Pleader takes notice for the respondents.
2. The prayer in the writ petition is for a direction to the 4 th
respondent not to refuse registration of the partition deed with
respect to the property of the petitioner on the ground that Ext.P6
order prohibits such a registration.
3. In similar circumstances, this Court had by Ext.P8
judgment in WP(C)11269 of 2022, allowed the writ petition and
directed the 4th respondent therein to register any sale deed
pursuant to the sale agreement executed between the parties,
which may be presented before the said respondent, if the same is
otherwise in order. There were further directions issued to initiate
steps for transfer of registry. I do not find any reason to take a
different view.
4. In the result, the writ petition is allowed. There will be a
direction to the 4th respondent to register the partition deed that
may be presented before him by the petitioner or such other
WP(C) NO.24613 OF 2022
person as authorized in law de hors Ext.P6 order issued by the 1st
respondent. It is made clear that registration carried out on the
basis of the above direction, will not in any way affect the right of
the respondents to proceed against the property or the petitioners
under the provisions of the Kerala Land Reforms Act.
Sd/-
T.R.RAVI
JUDGE
sn
WP(C) NO.24613 OF 2022
APPENDIX OF WP(C) 24613/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF JENM DEED NO. 94/1983 DATED
10.1.1983
Exhibit P2 TRUE COPY OF THE DEATH CERTIFICATE OF MR.
ABDUL SALAM
Exhibit P3 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE
DATED 20.6.2014 ISSUED BY THE 3RD RESPONDENT
Exhibit P4 TRUE COPY OF THE LAND TAX PAYMENT RECEIPT
DATED 16.5.2022 ISSUED BY THE 5TH RESPONDENT
Exhibit P5 TRUE COPY OF THE DRAFT PARTITION DEED DATED
25.7.2022
Exhibit P6 TRUE COPY OF THE ORDER REF
NO.DCKNR/8877/2021-B8 DATED 29.7.2021 ISSUED
BY THE 1ST RESPONDENT
Exhibit P7 TRUE COPY OF THE JUDGMENT IN WPC 24145/2019
DATED 26.9.19 OF THIS HON'BLE COURT
Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 15.6.2022 IN
WPC 11269/2022 OF THIS HON'BLE COURT
Exhibit P9 TRUE COPY OF THE STAY ORDER DATED 14.9.2020
PASSED BY THIS HON'BLE COURT IN WPC
18714/2020
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
