Shahaluddheen vs Sub Registrar
2022 Latest Caselaw 12558 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE T.R.RAVI
     FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
                      WP(C) NO. 38637 OF 2022
PETITIONER:

             SHAHALUDDHEEN
             AGED 37 YEARS
             S/O ABDULLA MOULAVI, NALUPURAPPATTIL, ELAMBACHI
             P.O, ELAMBACHI DESOM, THEKKE THRIKARIPUR AMSOM,
             HOSDURG TALUK, KASARGOD DISTRICT PIN - 671 311
             BY ADVS.
             SRI V.T.MADHAVANUNNI
             SRI V.A.SATHEESH
             SRI ANAND V.S


RESPONDENT/S:

      1      SUB REGISTRAR
             TALIPARAMBA, KANNUR DISTRICT, PIN 670 141
      2      VILLAGE OFFICER
             KURUMATHUR VILLAGE OFFICE, KURUMATHUR P.O, KANNUR
             DISTRICT, PIN 670 142
      3      TAHSILDAR,
             TALIPARAMBA, KANNUR DISTRICT, PIN 670 141
      4      DISTRICT COLLECTOR
             CIVIL STATION, KANNUR DISTRICT, PIN 670 002
             SMT. C. .S SHEEJA, SR.GOVT.PLEADER.

       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    23.12.2022,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C)No. 38637/2022
                                      2



                             T.R. RAVI, J.
              --------------------------------------------
                       W.P.(C)No.38637 of 2022
               --------------------------------------------
              Dated this the 23rd day of December, 2022

                                 JUDGMENT

Admit. Government Pleader takes notice for the respondents.

2. The prayer in the writ petition is for a direction to the 1st

respondent to register the original of Ext.P3 gift deed. Further

prayer is to direct respondents 2 and 3 to effect mutation in the record

of rights and to accept land tax after the registration of the property

covered by Ext.P3 gift deed. The reason for refusal is stated to be a

general direction issued by the District Collector whereby

registration regarding properties comprised in certain survey

numbers of Kurumathur Village was 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.P3 gift deed, if the same is presented for registration and is

otherwise in order. There will be a further direction to respondents

2 and 3 to effect mutation, accept land tax and issue tax receipt, W.P.(C)No. 38637/2022

after registration of Ext.P3 gift deed by the 1st respondent. The

respondents 1 to 3 will act untramelled by the prohibition/ restriction

contained in the Circular issued by the District Collector, Kannur.

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 registration or Transfer of

Registry which is carried out based on the directions issued by this

Court.

Sd/-

T.R. RAVI JUDGE

dsn W.P.(C)No. 38637/2022

APPENDIX OF WP(C) 38637/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE GIFT DEED NO. 9/2020 OF SUB REGISTRAR'S OFFICE TALIPARAMBA DATED 27/12/2019 Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED 16/11/2022 Exhibit P3 TRUE COPY OF THE GIFT DEED DATED 21/11/2022 SOUGHT TO BE REGISTERED