Kerala High Court
Paramasivam vs State Of Kerala on 20 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY,THE 20TH DAY OF DECEMBER 2022 / 29TH AGRAHAYANA, 1944
WP(C) NO. 2523 OF 2012
PETITIONERS:
1 BIJU JOSEPH
AGED 39 YEARS, S/O.JOSEPH,
THONAKKARA HOUSE, AMBAZHACHAL,
THOKKUPARA.P.O., VELLTHOOVAL, IDUKKI.
2 SHOJAN
S/O.RAPPAI, KOKKADAN HOUSE, MANNAMBATTAKARA,
AMBALLOOR, MUKUNDAPURAM.
BY ADVS.
SRI.SUMAN CHAKRAVARTHY
SRI.MARTINDAS V.JAMES VATTAKKUZHIYIL
SMT.K.R.RIJA
RESPONDENTS:
1 STATE OF KERALA
REP.BY ITS SECRETARY, DEPARTMENT OF REGISTRATIONS,
GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 INSPECTOR GENERAL OF REGISTRATION (KERALA)
THIRUVANANTHAPURAM-695001
3 THE DISTRICT COLLECTOR IDUKKI- 685602.
4 THE DISTRICT REGISTRAR IDUKKI-685613.
5 THE SUB REGISTRAR DEVIKULAM-685613.
SRI.T.R.RENITH, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.12.2022, ALONG WITH WP(C).2853/2012 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).Nos.2523, 2861, 2930 & 4114 of 2012
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY,THE 20TH DAY OF DECEMBER 2022/29TH AGRAHAYANA,1944
WP(C) NO. 2861 OF 2012
PETITIONER:
PARAMASIVAM
AGED 70 YEARS, S/O GURUSWAMI,
PARAMAGURU ILLAM HOUSE, CHOKKANADU ESTATE,
MUNNAR, K.D.H. VILLAGE.
BY ADVS.
SRI.A.T.ANILKUMAR
SMT.V.SHYLAJA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO THE GOVERNMENT
DEPARTMENT OF REGISTRATION SECRETARIAT,
TRIVANDRUM-695 001.
2 THE DISTRICT COLLECTOR
IDUKKI DISTRICT, PAINAVU-685 602..
3 THE SUB REGISTRAR
SUB REGISTRAR OFFICE, DEVIKULAM IDUKKI-685613.
4 THE THAHASILDAR
DEVIKULAM TALUK-685613.
5 THE VILLAGE OFFICER
MANKULAM VILLAGE-685613.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.12.2022, ALONG WITH WP(C).2853/2012 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).Nos.2523, 2861, 2930 & 4114 of 2012
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY,THE 20TH DAY OF DECEMBER 2022/29TH AGRAHAYANA,1944
WP(C) NO. 2930 OF 2012
PETITIONER:
A.R.MOHANAN
S/O. RAMAN, AGED 56 YEARS,
MANAGING DIRECTOR, M.S. HOTELS,
MUNNAR.P.O, IDUKKI DISTRICT.
BY ADVS.
SRI.R.DIVAKARAN
SRI.VINUCHAND
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAUPRAM - 695 001.
2 DISTRICT COLLECTOR
COLLECTORATE, KUYILMAL,
IDUKKI DISTRICT - 685 613.
3 SUB COLLECTOR
DEVICOLAM, IDUKKI DISTRICT - 685 613.
4 SUB REGISTRAR
OFFICE OF THE SUB REGISTRAR'S OFFICE, DEVICOLAM,
IDUKKI DISTRICT - 685 613.
SRI.T.R.RENJITH, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.12.2022, ALONG WITH WP(C).2853/2012 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).Nos.2523, 2861, 2930 & 4114 of 2012
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY,THE 20TH DAY OF DECEMBER 2022/29TH AGRAHAYANA,1944
WP(C) NO. 4114 OF 2012
PETITIONERS:
1 S.MUTHUKUMAR
AGED 40 YEARS, S/O.SUBBAYYA,
GAYATHRI BHAVAN, IRACHIPARA BHAGAM,
DEVIKULAM.
2 MURGAMMAL
W/O.MUTHUKUMAR, GAYATHRI BHAVAN,
IRACHIPARA BHAGAM, DEVIKULAM.
BY ADVS.SRI.B.PREMOD
SRI.R.PREM SANKAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2 THE INSPECTOR GENERAL OF REGISTRATION
THIRUVANANTHAPURAM-695 001.
3 THE DISTRICT REGISTRAR
IDUKKI CIVIL STATION, KUYILIMALA, IDUKKI
DISTRICT-685 602.
4 THE DISTRICT COLLECTOR
IDUKKI COLLECTORATE, KUYILIMALA, IDUKKI
DISTRICT-685 602.
5 THE SUB REGISTRAR
DEVIKULAM, IDUKKI DISTRICT-685 613.
SRI.T.R.RENJITH, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.12.2022, ALONG WITH
WP(C).2853/2012 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).Nos.2523, 2861, 2930 & 4114 of 2012
5
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).Nos.2523, 2861, 2930 & 4114 of 2012
----------------------------------------------
Dated this the 20th day of December, 2022
JUDGMENT
These writ petitions are filed alleging that the registering
authority is not registering the sale deed without NOC from
the revenue officials. It will be better to extract the prayers in
these writ petitions:
W.P.(C). No.2523/2012:
i. A writ of mandamus or any other appropriate
writ, order or direction compelling the 5 th
respondent to register sale deed [property
scheduled in Ext Pi] to be presented by the
petitioners, with out insisting for NOC from the
Dist Collector, subject to compliance of other
formalities.
ii. To issue such other reliefs that this Hon'ble Court
may deem fit and proper considering the nature
and circumstances of this case.
(SIC)
W.P.(C). No.2861/2012:
i. Issue a writ of mandamus or any other
appropriate order or direction there by direct the
4th respondent to accept and register the sale
W.P.(C).Nos.2523, 2861, 2930 & 4114 of 2012
deed in respect of the property covered under
Exhibit P1 property in favour of the proposed
purchaser without compelling the petitioner for
production of the No Objection Certificate from
revenue officials.
ii. Grant such other relieves which are just and
necessary in the interest of justice.
(SIC)
W.P.(C). No.2930/2012:
i. To issue a writ in the nature of mandamus or any
other appropriate writ, order or direction,
directing the respondents to call for the records
leading to the above case.
ii. To issue a writ in the nature of mandamus or any
other appropriate writ, order or direction,
directing the 4th respondent to register the sale
deed presented by the vendor of the petitioner in
respect of property in Sy.No.61/7 of Kannan
Devan Hills, Village having an extent of 15 cents
of land on the basis of Ext.P1 to P3 sale deeds.
iii. Grant any other appropriate relief, as this Hon'ble
court may deem fit and proper in the facts and
circumstances of the case.
iv. Award cost of the proceedings.
(SIC)
W.P.(C). No.4114/2012:
i. Issue a writ of mandamus or such other writ,
W.P.(C).Nos.2523, 2861, 2930 & 4114 of 2012
order or direction directing the respondents to
register the sale deed to be executed and
presented for registration by the petitioner
forthwith.
ii. To grant such other reliefs which this Hon'ble
court deems just and necessary and that may be
prayed for by the petitioner while hearing the writ
petition.
iii. Allow the cost of this writ petition.
(SIC)
2. The point raised in these writ petitions is covered in
favour of the petitioners in Ext.P3 judgment produced in
2861/2012. In such circumstances, according to me, these
writ petitions can be disposed of directing the registering
authority to register the sale deeds, if any, submitted, without
insisting for NOC, granting liberty to the Government to
proceed against the property in accordance to law, If there is
any violation of any provisions of law.
Therefore, these writ petitions are disposed of directing
the registering authority to register the sale deeds, if any,
submitted, if the same is otherwise in order, without insisting
NOC from the revenue authorities. But I make it clear that if
there is any violation of any statutory provisions, the
W.P.(C).Nos.2523, 2861, 2930 & 4114 of 2012
Government or other competent authority is free to proceed in
accordance to law. The revenue authorities are also free to
proceed with any enquiry, if any, initiated based on any
complaint that there is bogus patta.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).Nos.2523, 2861, 2930 & 4114 of 2012
APPENDIX OF WP(C) 2523/2012
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE AGREEMENT FOR SALE DATED
13.01.2012
EXHIBIT P2 COPY OF THE JUDGMENT DATED 8.07. IN WP
21204/10
W.P.(C).Nos.2523, 2861, 2930 & 4114 of 2012
APPENDIX OF WP(C) 2861/2012
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE PATTA ISSUED BY THE
THAHASILDAR DEVIKULAM ON 16.12.1985 AS
PER PATTA NUMBER 516
EXHIBIT P2 COPY OF THE RECENT TAX RECEIPT
EXHIBIT P3 COPY OF THE DICTUM HELD IN WA 2080/09
EXHIBIT P4 COPY OF THE WPC 18327/2011
W.P.(C).Nos.2523, 2861, 2930 & 4114 of 2012
APPENDIX OF WP(C) 2930/2012
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE SETTLEMENT DEED
NO.1746/1987 DATED 27.8.1987, SRO
DEVICOLAM
EXHIBIT P2 COPY OF THE SALE DEED NO.289/1980
DATED 28.2.1980
EXHIBIT P3 COPY OF THE SALE DEED NO.600/1968
DATED 11.7.1968
EXHIBIT P4 COPY OF THE TAX RECEIPT DATED
23.8.1995
EXHIBIT P5 COPY OF THE ENCUMBRANCE CERTIFICATE
OBTAINED BY THE PETITIONER FROM THE
SUB REGISTRAR OFFICE, DEVICOLOM DATED
24.8.2011
EXHIBIT P6 COPY OF THE SALE AGREEMENT DATED
13.10.2011
EXHIBIT P7 COPY OF THE REPORT DATED
EXHIBIT P8 COPY OF THE SKETCH PREPARED BY THE
TALUK SURVEYOR DATED 30.9.2011
W.P.(C).Nos.2523, 2861, 2930 & 4114 of 2012
APPENDIX OF WP(C) 4114/2012
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE AGREEMENT FOR SALE
EXECUTED BY THE PETITIONERS
EXHIBIT P2 COPY OF THE PATTA POSSESSED BY THE
SELLER
EXHIBIT P3 COPY OF THE CERTIFICATE OF POSSESSION
ISSUED BY THE VILLAGE OFFICER KDH
VILLAGE DATED 3.10.2011
EXHIBIT P4 COPY OF THE CERTIFICATE ISSUED BY THE
SPECIAL TAHSILDAR LA DEVIKULAM
EXHIBIT P5 COPY OF THE LAND TAX RECEIPT DATED
10.10.2011
EXHIBIT P6 COPY OF THE JUDGMENT IN WPC 18327/2011
