Sathyabhama vs State Of Kerala
2022 Latest Caselaw 6849 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. 17073 OF 2022


PETITIONERS:

    1     SATHYABHAMA
          AGED 64 YEARS, D/O.LATE.CHAMI,
          PUTHEN VEEDU, KAMMANTHARA,
          VAVULLYAPURAM, TARUR,
          ALATHUR, PALAKKAD-678543.

    2     GOPINATHAN
          AGED 60 YEARS, S/O. LATE. CHAMI,
          PUTHEN VEEDU, KAMMANTHARA,
          VAVULLYAPURAM, TARUR,
          ALATHUR, PALAKKAD-678543.

    3     SUSEELA
          AGED 50 YEARS, D/O. LATE CHAMI,
          PUTHEN VEEDU, KAMMANTHARA,
          VAVULLYAPURAM, TARUR,
          ALATHUR, PALAKKAD-678543.

          BY ADV V.A.JOHNSON (VARIKKAPPALLIL)


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA,
          REGISTRATION DEPARTMENT, SECRETARIAT,
          THIRUVANATHAPURAM - 695 001.

    2     SUB REGISTRAR
          OFFICE OF THE SUB REGISTRAR,
          SRO ALATHUR, ALATHUR P. O.,
          ALATHUR, PALAKKAD-678541.

          BY 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. 17073 OF 2022
                                  2




                            T.R. RAVI, J.
             --------------------------------------------
                    W. P. (C). No. 17073 of 2022
              --------------------------------------------
               Dated this the 14th day of June, 2022

                             JUDGMENT

Admit. Government Pleader takes notice for the respondents.

The writ petition has been filed seeking to quash Ext.P4 memo

dated 26.04.2022 issued by the 2 nd respondent and for a direction

to the 2nd respondent to carry out registration of Ext.P3 document

relating to the property comprised in Re-Survey No.121/4 in Block

No.8 of Tarur II Village in Alathur Taluk of Palakkad District. In

Ext.P4 it is stated that the details of the prior title is not clearly

mentioned in the document sought to be registered and hence it

cannot be registered. The petitioner relies on the judgment in WPC

No.6893/2022, which has been produced as Ext.P5, wherein this

Court has held that there was no justification for the Sub Registrar

to ask the petitioner therein to produce document or patta in

substantiation of title, since the fact that the petitioner therein was

holding the property as 'Pattadar' was virtually admitted and the

thandapper account had also been assigned in the name of the

petitioner therein. Exts.P1 & P2, which are the tax receipt and WP(C) NO. 17073 OF 2022

thandaper account details, show the fact that the property was held

under patta. There is considerable force in the submission made by

the petitioner.

In the result, this writ petition is allowed. Ext.P4 is quashed.

There will be a direction to the 2nd respondent to carry out the

registration of the property comprised in Re-Survey No.121/4 in

Block No.8 of Tarur II Village in Alathur Taluk of Palakkad District as

and when the document is presented for registration.

Sd/-

T.R. RAVI JUDGE

Pn WP(C) NO. 17073 OF 2022

APPENDIX OF WP(C) 17073/2022

PETITIONERS' EXHIBITS

Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 05.01.2022.

Exhibit P2 TRUE COPY OF THE THANDAPPER ACCOUNT NO.6539 OF THE PETITIONER'S PROPERTY DATED 31.12.2021.

Exhibit P3 TRUE COPY OF THE UNREGISTERED RELEASING DEED DATED 19.04.2022.

Exhibit P4 TRUE COPY OF THE MEMO IN TOKEN NO.T5965404 DATED 26.04.2022 ISSUED BY THE 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF THE JUDGMENT IN W.P.

(C).NO.6893 OF 2022 OF THIS HON'BLE COURT DATED 03.03.2022.