V P Moosan vs The Sub Registrar
2022 Latest Caselaw 5684 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. 13096 OF 2022
PETITIONER:

          V P MOOSAN.,
          AGED 48 YEARS
          S/O.M.P. MUHAMMED KUNHI,
          VAYALPATH PUTHIYAPURAYIL HOUSE, THAZHE CHORUKKALA,
          KURUMATHUR P.O., KURUMATHUR AMSOM, TALIPARAMBA
          TALUK, KANNUR DISTRICT 670 142.
          BY ADVS.
          V.T.MADHAVANUNNI
          V.A.SATHEESH
          ANAND V.S


RESPONDENTS:

    1     THE SUB REGISTRAR,
          OFFICE OF THE SUB REGISTRAR,
          TALIPARAMBA, KANNUR DISTRICT 670 141.
    2     VILLAGE OFFICER,
          KURUMATHUR VILLAGE, P.O. KURUMATHUR, TALIPARAMBA
          TALUK, KANNUR DISTRICT 670 142.
    3     TAHSILDAR,
          TALUK OFFICE, TALIPARAMBA, P.O. TALIPARAMBA,
          KANNUR DISTRICT 670 141.
    4     DISTRICT COLLECTOR,
          KANNUR DISTRICT , CIVIL STATION P.O.,
          KANNUR 670 002.
    5     CHAIRMAN,
          TALUK LAND BOARD,
          TALIPARAMBA , CIVIL STATION, KANNUR 670 002.
OTHER PRESENT:

          SMT MABLE C KURIAN 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. 13096 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.P6, as and when it is presented before him. He says that he

has been constrained to approach this Court because, when he

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. He, 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.Mable

C.Kurian, 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) 13096/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JENM DEED EXECUTED BY KUNIMML ABDUR RAHIMAN HAJI IN FAVOUR OF THE PETITIONER DATED 24.12.2011.

Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT ISSUED TO THE PETITIONER BY THE VILLAGE OFFICER, KURUMATHUR DATED 23.3.2022.

Exhibit P3 TRUE COPY OF THE THANDAPER ACCOUNT OF THE PROPERTY ISSUED TO THE PETITIONER BY THE VILLAGE OFFICER KURUMATHUR DATED 23.3.2022.

Exhibit P4 TRUE COPY OF THE ORDER OF THE TALUK LAND BOARD DATED 7.7.2011.

Exhibit P5 TRUE COPY OF THE JUDGMENT OF THIS HONBLE COURT IN WPC NO. 15284/2016 DATED 29.4.2016.

Exhibit P6 TRUE COPY OF THE DRAFT DEED PREPARED WITH RESPECT THE PROPERTY OF THE PETITIONER DATED 26.3.2022.