Pokkar K.M vs The District Registrar
2023 Latest Caselaw 7363 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
        TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
                        WP(C) NO. 20876 OF 2023
PETITIONER/S:

            POKKAR K.M., AGED 58 YEARS
            S/O KUNJABDULLA, KALAMULLATHIL HOUSE,
            PONMERIPPARAMBU, AYANCHERY VILLAGE, VADAKARA TALUK
            KOZHIKODE DISTRICT., PIN - 673542
            BY ADVS.
            V.N.SANKARJEE
            V.N.MADHUSUDANAN
            R.UDAYA JYOTHI
            M.M.VINOD
            M.SUSEELA
            KEERTHI B. CHANDRAN
            VIJAYAN PILLAI P.K.
            C.PURUSHOTHAMAN NAIR


RESPONDENT/S:

    1       THE DISTRICT REGISTRAR
            DISTRICT REGISTRAR GENERAL OFFICE, GROUND FLOOR ,
            CIVIL STATION, PALAKKAD DISTRICT., PIN - 678001
    2       THE SUB REGISTRAR,
            SUB REGISTRAR OFFICE, AGALI, ATTAPADI,
            PALAKKAD DISTRICT, PIN - 678581



            SMT. DEEPA V (GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20876 OF 2023            2



                               JUDGMENT

Petitioner has approached this Court, being aggrieved by

Ext.P4 proceedings of the 2 nd respondent, through which the 2 nd

respondent had refused to register Ext.P1 sale deed on the

ground that the lands and survey numbers mentioned in Ext.P1

are subject matter of proceedings in C.S. No.65 of 2023 on the

file of the Subordinate Judge's Court (Commercial Court),

Vadakara.

2. Learned counsel appearing for the petitioner would

submit that the 2nd respondent has proceeded on a mistaken

notion and the properties, which are subject matter of the

Commercial Suit, are not the properties mentioned in Ext.P1 sale

deed. Learned counsel would submit that the petitioner has

therefore preferred Ext.P7 appeal before the 1 st respondent and

the 1st respondent may therefore be directed to take a decision in

the matter, within a time frame to be fixed by this Court.

3. Learned Government Pleader submits that there is no

objection in a direction being issued to the 1 st respondent to

consider the matter, in accordance with the law.

4. Having heard the learned counsel appearing for the

petitioner and the learned Government Pleader, the writ petition

will stand disposed of, directing the 1 st respondent to consider

Ext.P7 appeal and take a decision thereon, after affording an

opportunity of hearing to the petitioner, in accordance with the

law, within a period of six weeks from the date of receipt of a

certified copy of this judgment.

Sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF WP(C) 20876/2023

PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE SALE DEED DATED 20.6.2023 EXECUTED BY THE PETITIONER IN FAVOUR OF PRAKASH S.

Exhibit P-2 TRUE COPY OF THE RECEIPT DATED 20.6.2023 BEARING NO.[TOKEN NO.] T.7222008 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT Exhibit P-3 TRUE COPY OF THE CERTIFICATE BEARING NO.

DR.4/18-19/KFC/KKD DATED 12.5.2023 ISSUED BY THE DEPUTY TAHSILDAR, REVENUE RECOVERY, KERALA FINANCIAL CORPORATION, KOZHIKODE Exhibit P-4 TRUE COPY OF THE 2ND RESPONDENT'S LETTER NO.

T.7222008 DATED 20.6.2023 ISSUED TO THE PETITIONER Exhibit P-5 TRUE COPY OF THE PLAINT DATED 29.5.2023 IN C.S. NO. 65/2023 OF THE SUB COURT, (COMMERCIAL COURT) VADAKARA Exhibit P-6 TRUE COPY OF THE ATTACHMENT ORDER DATED 30.5.2023 TOGETHER WITH SHOW CAUSE NOTICE, I.A. NO. 2/2023 IN C.S. NO. 65/2023 AND SCHEDULE OF THE SUB COURT, (COMMERCIAL COURT) VADAKARA Exhibit P-7 TRUE COPY OF THE APPEAL DATED 21.6.2023 BEFORE THE 1ST RESPONDENT DISTRICT REGISTRAR WITH RECEIPT DATED 21.6.2023