Thekke Veettil Dharmarajan vs The Sub Registrar
2022 Latest Caselaw 10166 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
   THURSDAY, THE 15TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944
                       WP(C) NO. 29281 OF 2022
PETITIONER:

          THEKKE VEETTIL DHARMARAJAN
          AGED 57 YEARS
          S/O KRISHNAN, AGED 57 YEARS, THEKKE VEETTIL HOUSE,
          AROLI.P.O, PAPPINISSERI AMSOM,
          AROLI DESOM, KANNUR TALUK,
          KANNUR DISTRICT - 670561.

          BY ADVS.
          SRI V.T.MADHAVANUNNI
          SRI V.A.SATHEESH
          SRI 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-6700002.

    5     CHAIRMAN,
          TALUK LAND BOARD, TALIPARAMBA, CIVIL STATION,
          KANNUR- 670002.

          BY SMT. C.S. SHEEJA, SR.GOVT.PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 29281 OF 2022

                                   2


                             T.R. RAVI, J.
              --------------------------------------------
                     W. P. (C). No.29281 of 2022
               --------------------------------------------
             Dated this the 15th day of September, 2022

                             JUDGMENT

Admit. Government Pleader takes notice for the

respondents.

2. The prayer in the writ petition is for a direction to

the 1st respondent to accept and register the original of Ext.P4

Jenm Deed. The reason for refusal is stated to be a general

direction issued by the 4 th respondent whereby registration

regarding properties comprised in old Re-Sy.Nos.31/1, 44, 46

and 76 of Kurumathur Village was prohibited. This Court had

held that there cannot be any such prohibitions to register

documents and the right of the State to initiate action is

always available, even if a registration is effected. I do not

find any reason to take a different view.

3. In the result, this writ petition is allowed. There will

be a direction to the 1st respondent to accept and register the

original of Ext.P4 Jenm Deed, as and when it is presented and WP(C) NO. 29281 OF 2022

is otherwise in order. Needless to say that the right of the

Government to initiate steps or to continue steps under the

Land Reforms Act is not in any way affected by this judgment

or by the registration which is carried out based on the

directions issued by this Court.

Sd/-

T.R. RAVI JUDGE

dsn WP(C) NO. 29281 OF 2022

APPENDIX OF WP(C) 29281/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE JENM DEED NO. 3897/2014 OF S.R.O., TALIPARAMBA DATED 26-09-2014.

Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT OF THE PROPERTY ISSUED TO THE PETITIONER AND HER HUSBAND BY THE VILLAGE OFFICER, KURUMATHUR DATED 30-04-2022 .

Exhibit P3 TRUE COPY OF THE ORDER OF THE TALUK LAND BOARD DATED 2-2-2000.

Exhibit P4 TRUE COPY OF THE DRAFT DEED PREPARED WITH RESPECT TO THE PROPERTY OF THE PETITIONER DATED 3-9-2022.