George Abraham vs State Of Kerala
2022 Latest Caselaw 5581 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
                         WP(C) NO. 16450 OF 2022
PETITIONER:

             GEORGE ABRAHAM
             AGED 57 YEARS
             S/O A.E.ABRAHAM LATRA, ANJILIPARAMBIL HOUSE,
             MAMMOOD P.O, KOTTAYAM, PIN- 686 537.
             BY ADVS.
             RAJU JOSEPH
             SINDHU RAVICHANDRAN
             SHRI.SHYAM K.P.


RESPONDENTS:

     1       STATE OF KERALA,
             REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
             THIRUVANANTHAPURAM 695001.
     2       THE SUB REGISTRAR,
             THIRUVALLA, KADAPRA, PATHANAMTHITTA DISTRICT,
             PIN 689104
     3       THE DISTRICT REGISTRAR,
             PATHANAMTHITTA
             PIN 689 645.
             SMT.MABLE C.KURIAN - SR.GP
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   26.05.2022,   THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 16450 OF 2022               2

                             JUDGMENT

The petitioner says that he presented Exts.P3 and P4 settlement

documents, executed by its original owners, before the Sub Registrar

on the strength of Ext.P1 - Special Power of Attorney executed by

them, but that the said Authority refuse to act upon it, saying that the

witnesses shown in the said Deeds are in Pathanamthitta, while the

property is situated in Thiruvalla.

2. The petitioner asserts that the reasons stated by the Sub

Registrar in rejecting the presentation of the documents for

registration is totally illegal and unlawful and therefore, that they are

liable to be set aside; thus paving way for the registration of Exts.P3

and P4 as per law.

3. The afore submissions of Shri.Shyam K.P. - learned counsel

for the petitioner, were answered by the learned Senior Government

Pleader - Smt.Mable C.Kurian, saying that the Sub Registrar did not

refuse to register Exts.P3 and P4 for the reasons above, but because

he harbours suspicion that it was, in fact, executed by the original

owners in America and not at Thiruvalla. She submitted that,

therefore, unless this aspect is properly clarified by the petitioner, the

said documents cannot be presented for registration.

4. I fail to understand the purport of the afore submissions of the

learned Senior Government Pleader because, admittedly, the

petitioner has presented Exts.P3 and P4 documents on the strength of

Ext.P1 - Power of Attorney, which is a special one, empowering him

to present the documents for the said purpose alone. Obviously,

therefore, when the original owners of the property executed Exts.P3

and P4 and, entrusted the petitioner to present it for registration

through Ext.P1 - Power of Attorney, I fail to understand why the Sub

Registrar should have not acted upon it for any reason, including that

it was not executed in Thiruvalla or that the witnesses were in

Pathanamthitta.

5. I am, therefore, of the firm view that the petitioner is entitled

to relief.

Resultantly, I order this writ petition and direct the 2 nd

respondent - Sub Registrar to register Exts.P3 and P4 settlement

deeds, as and when it is re-presented before him by the petitioner on

the strength of Ext.P1 - Power of Attorney, following due procedure

and after ensuring compliance of all necessary statutory and

imperative conditions, as expeditiously as is possible, but not later

than one week from the date on which they are so presented.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/26.5

APPENDIX OF WP(C) 16450/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SPECIAL POWER OF ATTORNEY TO THE PETITIONER DT 9.2.2022 Exhibit P2 TRUE COPY OF THE SPECIAL POWER OF ATTORNEY TO THE PETITIONER DT 9.2.2022 Exhibit P3 TRUE COPY OF THE SETTLEMENT DEED EXECUTED ON 22.2.2022 IN FAVOUR OF JOHN ABRAHAM Exhibit P4 TRUE COPY OF THE SETTLEMENT DEED EXECUTED ON 22.2.2022 IN FAVOUR OF CHINNAMMA JOHN Exhibit P5 TRUE COPY OF THE ACKNOWLEDGEMENT OF RECEIPT IT 4.3.2022 FOR TOKEN NO T5769987 Exhibit P6 TRUE COPY OF THE ACKNOWLEDGEMENT OF RECEIPT 4.3.2022 FOR TOKEN NO T 5770015 Exhibit P7 TRUE COPY OF THE PAY IN SLIP DT 4.3.2022 Exhibit P8 TRUE COPY OF THE PAY IN SLIP DT 4.3.2022 Exhibit P9 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT 5.3.2022 REJECTING REGISTRATION FOR T 577001501 Exhibit P10 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT 5.3.2022 REJECTING REGISTRATION FOR T T576998701.