K.Shekkeela vs The Sub Registrar
2023 Latest Caselaw 8877 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
     MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                       WP(C) NO. 26102 OF 2023
PETITIONER:

          K.SHEKKEELA
          AGED 50 YEARS, D/O.LATE SEYDU MUHAMMED,
          KALLARAKKAL HOUSE, YASIM NAGAR, NAGARIPPURAM P.O,
          MANNOOR, PALAKKAD DISTRICT, PIN - 678 642.

          BY ADV P.U.SHAILAJAN



RESPONDENTS:

    1     THE SUB REGISTRAR
          OFFICE OF THE SUB REGISTRAR, PARALI, PARALI P.O,
          PALAKKAD DISTRICT, PIN - 678 612.

    2     MAINTENANCE TRIBUNAL & REVENUE DIVISIONAL OFFICER
          PALAKKAD, OFFICE OF THE MAINTENANCE TRIBUNAL & REVENUE
          DIVISIONAL OFFICE, CIVIL STATION,
          PALAKKAD, PIN - 678 001.

          BY ADV SMT.DEEPA V.(G.P.)




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.26102/2023                     2




                              JUDGMENT

The petitioner obtained 10 cents of land from her mother

through Ext.P1 Sale Deed dated 07-11-2008. The mother of

the petitioner thereafter initiated proceedings under the

Maintenance and Welfare of Parents and Senior Citizens Act,

2007, (hereinafter referred to as the '2007 Act') and had

obtained Ext.P3 order canceling the said Sale Deed. Against

the said order, an appeal was filed by the petitioner before the

Appellate Tribunal. However, that appeal was rejected by

Ext.P4. The petitioner challenged Ext.P3 order and the

appellate order by filing W.P.(C)No.33732/2014 before this

Court. That writ petition was heard along with

W.P.(C)No.27360/2014 filed by the mother of the petitioner

seeking to implement Ext.P3 order. This Court by Ext.P5

common judgment in W.P.(C)Nos.27360/2014 and 33732/2014

set aside Ext.P3 and found that proceedings under the

2007 Act were not maintainable against the property in

question. The other reliefs sought for were directed to be

considered. In the meanwhile certain endorsements have

been made by the first respondent in the relevant registers

noting that Ext.P1 Sale Deed has already been canceled in

terms of Ext.P3 order. The petitioner has therefore

approached this Court seeking the following reliefs:

i. "Issue a writ of mandamus, or other appropriate writ or order, directing the respondent No.1 to cancel the endorsement made in the relevant registers on the basis of Ext.P3 order that the Ext.P1 sale deed is cancelled and correct the same as that Ext.P1 sale deed is a valid document;

ii. Dispense with the filing of the translation of the vernacular documents;

iii. Grant such other reliefs which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case".

2. Heard the learned Government Pleader also.

3. Having heard the learned counsel for the petitioner

and the learned Government Pleader and considering the fact

that Ext.P3 order has been set aside by this Court through

Ext.P5 common judgment in W.P(C)Nos.27360/2014 and

33732/2014, holding that the proceedings for cancellation of

the document are not maintainable at the instance of the

petitioner's mother, I am of the view that the writ petition is

liable to be allowed. I am also informed by the learned

counsel for the petitioner that Ext.P5 judgment has become

final and there is no appeal pending against Ext.P5 judgment.

Therefore, this writ petition is allowed and the first

respondent is directed to remove any endorsement regarding

cancellation of Ext.P1 Sale Deed on account of Ext.P3 order

within a period of one month from the date of receipt of a

certified copy of this judgment.

Sd/-

GOPINATH P.

JUDGE ats

APPENDIX OF WP(C) 26102/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE DEED WITH NO.4911 OF 2008 DATED 7.11.2008 BEFORE SRO, PARALI EXECUTED BY K.JAMEELA IN FAVOUR OF THE PETITIONER

Exhibit P2 TRUE COPY OF THE COMPLAINT B-8593/2012 DATED 4.12.2012 FILED BY K.JAMEELA, THE MOTHER OF THE PETITIONER BEFORE THE RESPONDENT NO.2

Exhibit P3 TRUE COPY OF THE ORDER NO.B-8593/2012 DATED 15.4.2013 PASSED BY THE RESPONDENT NO.2

Exhibit P4 TRUE COPY OF THE ORDER NO.J4-2013/66323/9 DATED 11.8.2014 OF THE APPELLATE TRIBUNAL AND DISTRICT COLLECTOR, PALAKKAD

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 29.6.2022 IN W.P(C)NO.33732 OF 2014 AND CONNECTED CASE OF THIS HON'BLE COURT

Exhibit P6 TRUE COPY OF THE LAWYER NOTICE DATED 7.6.2023 ISSUED BY THE PETITIONER TO THE RESPONDENT NO.1