Usha C vs State Of Kerala
2022 Latest Caselaw 6823 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                       WP(C) NO. 19208 OF 2022
PETITIONER:

          USHA C.
          AGED 43 YEARS
          W/O P.V.PRAKASHAN, CHUNDAKKANDI HOUSE PAYERI,
          KURUMATHUR (P.O), THALIPARAMBA TALUK KANNUR DISTRICT.
          PIN- 670142.

          BY ADVS.
          SRI P.S.BINU
          SMT.K.SEENA



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE
          THIRUVANANTHAPURAM DT. PIN-695001.

    2     DISTRICT COLLECTOR,
          CIVIL STATION, KANNUR DISTRICT, PIN-670002.

    3     TALUK LAND BOARD
          REPRESENTED BY ITS CHAIRMAN & DEPUTY COLLECTOR (L.A)
          KANNUR DISTRICT. PIN-670002.

    4     SUB REGISTRAR,
          SUB REGISTRAR OFFICE, TALIPARAMBA, KANNUR DT.
          PIN-670141

          SMT.C.S.SHEEJA, SR.GOVT.PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19208 OF 2022

                                 2



                           JUDGMENT

Admit. Government Pleader takes notice for the

respondents.

2. The grievance of the petitioner is that the 4th

respondent is not registering the Sale Deed submitted

before him for the reason that there is a restraint on

registration of transfers of land situated in Re.Sy.No.31 of

Kurumathoor Village. The restraint order has been

produced as Ext.P4.

3. In similar situations this Court has directed

registration of the documents reserving liberty to the

State to proceed against the property under the Kerala

Land Reforms Act.

4. I do not find any reason to take a different view.

The writ petition is allowed. There will be a direction to

the 4th respondent to register the document, the draft of WP(C) NO. 19208 OF 2022

which is produced as Ext.P3, as and when the same is

presented and if it is otherwise in order. The restraint

contained in the order dated 29.07.2021, shall not be a

reason for denial of the registration. The State

Government is at liberty to initiate proceedings under the

Kerala Land Reforms Act if found necessary.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 19208 OF 2022

APPENDIX OF WP(C) 19208/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE JENM ASSIGNMENT DEED NO.4538/2018 OF S.R.O TALIPARAMBA.

Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 21.12.2021 ISSUED FROM KURUMATHOOR VILLAGE.

Exhibit P3 TRUE COPY OF THE DRAFT SALE DEED DATED 08.06.2022.

Exhibit P4 TRUE COPY OF THE COMMUNICATION DT.19.05.22 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT.

Exhibit P5 TRUE COPY OF THE JUDGMENT IN W.P (C) NO.

22407/2021 OF HON'BLE HIGH COURT OF KERALA.