Mavinte Valappil Muhammed Riyas vs The Sub Registrar
2022 Latest Caselaw 9727 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
        FRIDAY, THE 26TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944
                       WP(C) NO. 22868 OF 2022
PETITIONER:

            MAVINTE VALAPPIL MUHAMMED RIYAS
            AGED 37 YEARS
            S/O MUSTHAFA HAJI, MAVINTE VALAPPIL HOUSE, ALLAMKULAM,
            TALIPARAMBA.P.O, TALIPARAMBA AMSOM, TALIPARAMBA TALUK,
            KANNUR DISTRICT - 670141.

            BY ADVS.
            V.T.MADHAVANUNNI
            V.A.SATHEESH
            ANAND V.S


RESPONDENTS:

    1       THE SUB REGISTRAR
            OFFICE OF THE SUB REGISTRAR, TALIPARAMBA .P.O,
            KANNUR DISTRICT - 670141.

    2       VILLAGE OFFICER,
            KURUMATHUR VILLAGE, P.O. KURUMATHUR, TALIPARAMBA TALUK,
            KANNUR DISTRICT- 670142

    3       TAHSILDAR,
            TALUK OFFICE, TALIPARAMBA, P.O. TALIPARAMBA,
            KANNUR DISTRICT- 670141

    4       DISTRICT COLLECTOR,
            KANNUR DISTRICT, CIVIL STATION. P.O, KANNUR-670 002

    5       CHAIRMAN,
            TALUK LAND BOARD, TALIPARAMBA, CIVIL STATION,
            KANNUR- 670 002

            SRI.BIMAL K.NATH - SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 22868 OF 2022

                                       2

                                 T.R. RAVI, J.
                 --------------------------------------------
                      W. P. (C). No.22868 of 2022
                     --------------------------------------------
                Dated this the 26th 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 1 st

respondent to accept and register the original of Ext.P7 Jenm Deed

as expeditiously as possible. The reason for refusal is stated to be

a general direction issued by the 4th respondent whereby

registration regarding properties comprised in survey numbers

31/1, 44 and 46 of Kurumathur Village 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.

3. In the result, this writ petition is allowed. There will be

a direction to the 1st respondent to accept and register the original

of Ext.P7 Jenm Deed, at the earliest, at any rate, within two months

from the date of receipt of a copy of this judgment. Needless to

say that the rights of the Government to initiate steps or to

continue steps under the Land Reforms Act is not in any way WP(C) NO. 22868 OF 2022

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

mpm WP(C) NO. 22868 OF 2022

APPENDIX OF WP(C) 22868/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PURCHASE CERTIFICATE NO.

261/1990 ISSUED FROM DEPUTY COLLECTOR LAND TRIBUNAL, KANNUR DATED 15-5-1990.

Exhibit P2 TRUE COPY OF THE ORDER OF THE TALUK LAND BOARD DATED 12-6-1996.

Exhibit P3 TRUE COPY OF THE JENM DEED NO. 2257/1996 OF S.R.O. TALIPARAMBA DATED 20-6-1996.

Exhibit P4 TRUE COPY OF THE JENM DEED NO. 3858/2015 OF S.R.O. TALIPARAMBA DATED 12-11-2015.

Exhibit P5 TRUE COPY OF THE JENM DEED NO. 3803/2016 OF S.R.O. TALIPARAMBA DATED 09-11-2016.

Exhibit P6 TRUE COPY OF THE BASIC TAX RECEIPT OF THE PROPERTY ISSUED TO THE PETITIONER BY THE VILLAGE OFFICER, KURUMATHUR DATED 02-06-2022.

Exhibit P7 TRUE COPY OF THE DRAFT DEED PREPARED WITH RESPECT THE PROPERTY OF THE PETITIONER DATED 20-6-2022.