Chappan Paranthatta Valappil ... vs The Sub Registrar
2022 Latest Caselaw 5683 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
                       WP(C) NO. 14217 OF 2022
PETITIONER:

            CHAPPAN PARANTHATTA VALAPPIL SHAHANA
            AGED 43 YEARS, D/O.ABDULRAHIMAN,
            CHAPPAN PARANTHATTA VALAPPIL HOUSE, KOTTAKKEEL MUKKU,
            EZHOME P.O., EZHOME AMSOM, PAYYANNUR TALUK, KANNUR
            DISTRICT-670334.
            BY ADVS.
            V.T.MADHAVANUNNI
            V.A.SATHEESH
            ANAND V.S


RESPONDENTS:

    1       THE SUB REGISTRAR
            OFFICE OF THE SUB REGISTRAR, TALIPARAMBA P.O., KANNUR
            DISTRICT-670141.
    2       VILLAGE OFFICER,
            KURUMATHUR VILLAGE, P.O.KURUMATHUR, TALIPARAMBA
            TALUK, KANNUR DISTRICT-670142.
    3       TAHSILDAR,
            TALUK OFFICE, TALIPARAMBA, P.O.TALIPARAMBA,
            KANNUR DISTRICT-670141.
    4       DISTRICT COLLECTOR,
            KANNUR DISTRICT, CIVIL STATION P.O., KANNUR-670002.
    5       CHAIRMAN,
            TALUK LAND BOARD, TALIPARAMBA, CIVIL STATION,
            KANNUR-670002.
OTHER PRESENT:

            SMT K AMMINIKUTTY SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14217 OF 2022         2

                          JUDGMENT

The petitioner has approached this Court with a singular

plea that the 1st respondent - Sub Registrar be directed to

register a Sale Deed with respect to the property covered by

Ext.P10, as and when it is presented before him. She says that

she has been constrained to approach this Court because, when

she presented the document, it was refused to be accepted,

stating that there are pending 'Ceiling Proceedings' against the

property in question and therefore, that it cannot be registered.

2. The petitioner asserts that it has now been well settled,

through a series of judgments of this Court and that of the

Honourable Supreme Court, that merely because Ceiling

Proceedings are pending against a property, registration of the

transactions thereon cannot be interdicted. She, therefore,

reiteratingly prayed that the 1st respondent be directed to

register the document, as and when it is presented before him.

3. The afore submissions, made on behalf of the petitioner

by his learned counsel - Shri.V.T.Madhavan Unni, were refuted

by the learned Senior Government Pleader - Smt.K.Amminikutty,

saying that as long as there are Ceiling Proceedings pending

against the property, it will not be justified for the petitioner to

make any transactions thereon or to seek that Sale Deed with

respect to it be registered. She added that, in fact, the

competent District Collector has already issued an order under

Section 120A of the Kerala Land Reforms Act on 03.08.2021.

She, therefore, prayed that this Writ Petition be dismissed.

4. I must say that I cannot find favour with the afore

submissions of the learned Senior Government Pleader because

it has been well settled, as correctly stated by the petitioner,

that mere pendency of Land Ceiling Proceedings cannot be a

reason to disallow transactions on a property. Obviously,

therefore, the Sub Registrar cannot decline to register

documents for this reason alone.

5. That said, issuance of an order under Section 120A of the

Land Reforms Act, as stated by the learned Senior Government

Pleader, would also be of no consequence at all because, as has

been admitted, said order was issued in the year 2021.

In the afore circumstances, I order this Writ Petition and

direct the 1st respondent - Sub Registrar, to accept the Sale

Deed with respect to the property in question, as and when it is

presented before him by the petitioner or the purchaser; and to

register the same, subject to all other requirements being

satisfied, without any avoidable delay.

Needless to say, the afore directions cannot be construed

by any person, including the petitioner or the purchaser, to mean

that the Ceiling Proceedings against the property is, in any

manner, impeded; and the competent Authority is at full liberty

to complete such proceedings and to initiate appropriate action

consequent thereto, as per the Act, in future.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/28.5

APPENDIX OF WP(C) 14217/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PURCHASE CERTIFICATE NO.160/1983 ISSUED FROM DEPUTY COLLECTOR, LAND TRIBUNAL, KANNUR DATED 28.9.1983. Exhibit P2 TRUE COPY OF THE PURCHASE CERTIFICATE NO.161/1983 ISSUED FROM DEPUTY COLLECTOR, LAND TRIBUNAL, KANNUR DATED 28.9.1983. Exhibit P3 TRUE COPY OF THE ORDER OF THE TALUK LAND BOARD DATED 15.7.2002.

Exhibit P4 TRUE COPY OF THE JENM DEED NO.701/1983 OF S.R.O. TALIPARAMBA DATED 22.2.1983.

Exhibit P5 TRUE COPY OF THE JENM DEED NO.871/2008 OF S.R.O. TALIPARAMBA DATED 26.2.2008.

Exhibit P6 TRUE COPY OF THE JENM DEED NO.3328/2008 OF S.R.O., TALIPARAMBA DATED 29.7.2008. Exhibit P7 TRUE COPY OF THE JENM DEED NO.354/2009 OF S.R.O. TALIPARAMBA DATED 22.1.2009.

Exhibit P8 TRUE COPY OF THE JENM DEED NO.3465/2011 OF S.R.O. TALIPARAMBA DATED 28.7.2011 EXECUTED IN FAVOUR OF THE PETITIONER.

Exhibit P9 TRUE COPY OF THE BASIC TAX RECEIPT OF THE PROPERTY ISSUED TO THE PETITIONER BY THE VILLAGE OFFICER, KURUMATHUR DATED 13.12.2021.

Exhibit P10 TRUE COPY OF THE DRAFT DEED PREPARED WITH RESPECT THE PROPERTY OF THE PETITIONER DATED 22.2.2022.