Muhammed Kunhi vs State Of Kerala
2022 Latest Caselaw 3012 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 17TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943
                        WP(C) NO. 8019 OF 2022
PETITIONER:

          MUHAMMED KUNHI, AGED 59 YEARS,S/O.MOIDEENKUNHI,
          ZAMZAM HOUSE, MUTAM, SHIRIYA, KUMBALA, MANJESHWAR
          TALUK, KASARAGOD DISTRICT, PIN-671321.

          BY ADVS.BIJI MATHEW
          R.ANAS MUHAMMED SHAMNAD
          C.C.ANOOP
          SARUN RAJAN


RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          REGISTRATION DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN-695001.

    2     SUB REGISTRAR,
          SUB REGISTRAR OFFICE MANJESHWAR,
          KASARAGOD DISTRICT, PIN-671323.

          SMT.K.AMMINIKUTTY, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8019 OF 2022
                                        -2-

                               JUDGMENT

The petitioner says that when Ext.P1 Partition

Deed was registered, four of the beneficiaries

did not sign it on account of an inadvertent

omission. He concedes that, based on the said

Partition Deed - which was the original, 10

certified copies were issued to the various

sharers.

2. The petitioner says that the persons who

did not subscribe their signatures originally to

Ext.P1, have now come forward to do so; and

consequently, that when they approached the 2nd

respondent - Sub Registrar, for permission to

complete such action, they have been asked to

produce all the 10 certified copies for

cancellation. He says that, unfortunately, two

among the 10 copies are now irretrievably missing

and therefore, that he is willing to furnish an WP(C) NO. 8019 OF 2022

indemnity bond and even to publish it in the news

papers, as may be directed by the Sub Registrar.

He alleges that, in spite of this, 2 nd respondent

is insisting that even the irretrievably lost

certified copies be produced, which is an

impossibility and thus prays that said Authority

be directed to allow him to correct Ext.P1 de hors

such stipulation.

3. The afore submissions of Sri.Biji Mathew -

learned counsel for the petitioner, were answered

by the learned Senior Government Pleader -

Smt.K.Amminikutty, saying that the Sub Registrar

has acted as per law, since when the original of

Ext.P1 is corrected, the earlier certified copies

will have to be recalled and cancelled, leading to

issuance of fresh certified copies, as per the

application of the parties. She submitted that,

therefore, unless all the 10 certified copies are

produced, the action requested by the petitioner WP(C) NO. 8019 OF 2022

cannot be done by the Sub Registrar.

4. After saying as afore and to a pointed

question from this Court, the learned Senior

Government Pleader submitted that if two of the

copies are irretrievably lost, as stated by the

petitioner, it is upto him to prove the same and

to give necessary indemnity bonds and publish it

in such number of newspapers as are requisite

under the applicable Rules. She submitted that if

the petitioner is ready to do so, he may be

directed to approach the Sub Registrar to prefer

an apposite application for such purpose, which

can then be considered in terms of law.

5. When I evaluate the afore rival

submissions, there can be no doubt that if Ext.P1

is to be now corrected, then all the earlier

certified copies will have to be recalled and

fresh ones issued. To that extent, the submission

of the learned Senior Government Pleader - WP(C) NO. 8019 OF 2022

Smt.K.Amminikutty, is without error.

6. However, on account of the predicament now

faced by the petitioner, certainly this Court must

find a solution, which is not in conflict with the

provisions of the applicable Statutes and Rules.

7. The remedy available to the petitioner is

certainly to approach the Sub Registrar and make

an application for publication in newspapers

regarding the irretrievable loss of the two

copies, and also to furnish necessary indemnity

bonds as mandated under the applicable Circulars

and Rules. I am certain that this liberty can be

reserved to the petitioner, especially because the

learned Senior Government Pleader also suggests

so.

Resultantly, this writ petition is ordered in

the following terms:

(a) The petitioner is granted WP(C) NO. 8019 OF 2022

liberty to approach the Sub Registrar

with an application to furnish

necessary indemnity bonds and take

out publications in such number of

newspapers as are required under the

applicable Statues and Rules with

respect to the two certified copies -

which he says are now irretrievably

lost; and if this is done within a

period of one week from the date of

receipt of a copy of this judgment,

same shall be considered and

necessary instructions given by the

Sub Registrar to the petitioner;

(b) On the Sub Registrar

instructing the petitioner to act in

a particular manner, he shall

complete such process and produce

before him the resultant newspapers WP(C) NO. 8019 OF 2022

or such other materials; on which

basis, said Authority will proceed to

decide whether Ext.P1 can be allowed

to be corrected and fresh certified

copies issued, to be applied for by

the parties, in terms of law.

Needless to say, on the petitioner

abiding by the instructions of the

Sub Registrar, including by

furnishing indemnity bond as also the

newspaper advertisements, necessary

action as ordered above shall be

completed by the said Authority

without any avoidable delay, but not

later than one month from the date of

receipt of the same.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 8019 OF 2022

APPENDIX OF WP(C) 8019/2022

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF PARTITION DEED NO.5559 OF 2013 OF SUB REGISTRAR OFFICE MANJESWAR.

EXHIBIT P2 TRUE COPY OF THE CERTIFIED COPY OF EXT.P1 PARTITION DEED ISSUED FROM THE OFFICE OF 2ND RESPONDENT.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE