Thanka vs Sub Registrar
2022 Latest Caselaw 434 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
                       WP(C) NO. 29927 OF 2021
PETITIONER:

          THANKA, AGED 83 YEARS, W/O.KARUPPAN, KUNDUKAD HOUSE,
          ERIMAYUR P.O., ALATHUR TALUK, PALAKKAD DISTRICT-678546.

          BY ADV BABY MATHEW


RESPONDENTS:

    1     SUB REGISTRAR, SUB REGISTRAR OFFICE, ALATHUR,
          ALATHUR P.O., PALAKKAD DISTRICT-678543.

    2     VILLAGE OFFICER, ERIMAYUR-I VILLAGE, ERIMAYUR P.O.,
          PALAKKAD DISTRICT-678546.

          GP - MABLE C. KURIAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 29927 OF 2021
                                  2


                              JUDGMENT

The petitioner impugns Ext.P4 memo issued by the first

respondent - Sub Registrar refusing to register the document

presented by her with respect to her property, for the reason

that no prior title document showing her ownership over the

same has been produced.

2. The petitioner says that her title of the property is

indubitable from Ext.P1, which records her as being the

"Pattadar", consequent to the assignment of a "Thandaper

Account" in her name and therefore, that the Sub Registrar

could not have gone on a roving enquiry on her title over the

property in question. The petitioner relies on the judgments

of this Court in Eshaque v. Sub Registrar [2002 (1) KLT 330]

and Sumathi and another v. State of Kerala and others

[2018 (5) KHC 586] in substantiation. She thus prays that

Ext.P4 be set aside and the Sub Registrar be directed to

register Ext.P2 without any further delay.

3. The afore submissions of Sri.Baby Mathew - learned

counsel for the petitioner, were answered by the learned

Senior Government Pleader - Smt.Mable C.Kurian, saying that

the Sub Registrar has only verified whether the petitioner has WP(C) NO. 29927 OF 2021

any title with respect to the property before the conveyance

document is registered. She added that the Sub Registrar is

acting within his jurisdiction under the Registration Act and

Rules and therefore, prayed that this writ petition be

dismissed.

4. In reply, Sri.Baby Mathew, learned counsel for the

petitioner, conceded that his client has no title document or

"Patta" with respect to the property in question, but that her

ownership and possession of it cannot be now contested by

the Sub Registrar since this is luculent from Ext.P1, which

shows the Thandaper Account and defines her as a Pattadar.

5. I must say that I find some force in the submissions of

Sri.Baby Mathew because, when Ext.P1 recognises the

petitioner as a Pattadar having been assigned Thandaper

Account thus being allowed to remit land tax on the property -

one cannot fathom why the Sub Registrar should ask her to

produce title document or "Patta" in substantiation of title,

because there is no dispute to the same from any quarters, at

least, at this time.

6. In the afore circumstances, I am certain that the Sub

Registrar must register the document, however, care should WP(C) NO. 29927 OF 2021

also be taken to indemnify the said Authority, if any claim is to

arise against the property in future.

Resultantly, I allow this writ petition and direct the Sub

Registrar to register Ext.P2, based on Ext.P1, at the risk and

consequences of the petitioner; making it reiteratingly clear

that if any claims should be brought on the property in future

by any person, the said Authority will stand fully indemnified

and the petitioner will alone be responsible for all the

consequences thereof.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 29927 OF 2021

APPENDIX OF WP(C) 29927/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE THANDAPPER ACCOUNT DATED 25.09.2021 ISSUED BY THE 2ND RESPONDENT VILLAGE OFFICER.

Exhibit P2 TRUE COPY OF UNREGISTERED SETTLEMENT DEED 16.10.2021 EXECUTED BY THE PETITIONER.

Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 15.07.2017 ISSUED BY THE 2ND RESPONDENT VILLAGE OFFICER.

Exhibit P4 TRUE COPY OF THE MEMO DATED 09.11.2021 ISSUED BY THE 1ST RESPONDENT SUB REGISTRAR.