Shyla Sebastian vs State Of Kerala
2023 Latest Caselaw 11476 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
   WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
                       WP(C) NO. 35454 OF 2023
PETITIONER:

          SHYLA SEBASTIAN, AGED 65 YEARS
          W/O LATE SEBASTIAN, PAINADATH HOUSE, NADUMURIBHAGAM,
          MANJAPRA P.O, ERNAKULAM DISTRICT, PIN - 683581

          BY ADVS.
          SARUN RAJAN
          P.B.SUNEER
          R.ANAS MUHAMMED SHAMNAD
          ARCHANA HARIDAS K.
          JUDE JAMES



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
          REVENUE DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

    2     DISTRICT COLLECTOR
          CIVIL STATION, KAKKANAD,
          ERNAKULAM, PIN - 682030

    3     REVENUE DIVISIONAL OFFICER
          REVENUE DIVISIONAL OFFICE, FORT KOCHI,
          FIRST FLOOR, KB JACOB RD,
          FORT KOCHI - 682001

    4     TAHSILDAR
          TALUK OFFICE, ALUVA, MINI CIVIL STATION,
          PERIYAR NAGAR, ALUVA, PIN - 683101

    5     SUB REGISTRAR
          SUB REGISTRY, ANGAMALY FIRST FLOOR,
          MINI CIVIL STATION, ANGAMALY - 683572
          R BY SR.GP ADV.BIMAL K.NATH


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 35454 OF 2023      : 2 :




                      JUDGMENT

The petitioner is the co-owner and in possession

and enjoyment of 53 Ares and 87 square metres of

land comprised in Re-Survey Nos.571/10-2, 577/1-2,

577/14-2 of Manjapra Village in Aluva Taluk in

Ernakulam District. The petitioner and her husband

obtained the said property as per sale deed No.5461

of Angamaly S.R.O and effected mutation in their

favour. After the death of her husband, his share

devolved upon his legal heirs including the

petitioner. The petitioner and the legal heirs

approached the 5th respondent/Sub Registrar for

registration of the partition deed with respect to the

said property. The 5th respondent refused

registration of the partition deed, in view of Ext.P2

prohibitory order issued by the 3 rd respondent/RDO

against the petitioner and her husband, alleging that

they have filled up the property violating the

provisions of the Kerala Conservation of Paddy Land

and Wet Land Act, 2008 (hereinafter referred to as

'the Act' for short). Aggrieved by the refusal on the

part of the 5th respondent to register the partition

deed, the petitioners have approached this Court.

2. Heard the learned counsel for the petitioner

and the learned Government Pleader.

3. Pendency of any proceedings under the

Paddy Land Act cannot be a reason to refuse

registration of documents. The registration of a

document is to be carried out under the provisions

of the Registration Act. The Division Bench of this

Court in Selvam v. State of Kerala [2010 KHC

581 : 2010 (1) KLT 508] has held that the revenue

officials cannot direct the registration authorities to

register the document only on production of NOC

certificate from the revenue officials.

4. In the light of the said legal position, this

Court is of the view that the 5 th respondent cannot

refuse registration of the partition deed for the

reason that there is prohibitory order from the RDO

in respect of the property. Accordingly, there will

be a direction to the 5th respondent to register the

partition deed as and when presented by the

petitioner or the other legal heirs of her deceased

husband, if the same is otherwise in order.

5. It is made clear that this judgment will not

stand in the way of the authorities from proceeding

against the property in terms of the provisions

contained in the Kerala Conservation of Paddy Land

and Wet Land Act, 2008.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SB

APPENDIX

PETITIONER EXHIBITS

Exhibit-P1 THE TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE DATED 12.07.2023 ISSUED FROM THE MANJAPRA VILLAGE

Exhibit-P2 THE TRUE COPY OF THE PROHIBITORY ORDER DATED 24.11.2016 ISSUED BY THE 3RD RESPONDENT

Exhibit-P3 THE TRUE COPY OF THE REPRESENTATION DATED 22.08.2017

Exhibit-P4 A TRUE COPY OF THE DEATH CERTIFICATE DATED 06.02.2023 ISSUED BY THE REGISTRAR OF DEATHS AND BIRTHS, MANJAPRA GRAMA PANCHAYATH

Exhibit-P5 A TRUE COPY OF THE LEGAL HEIR SHIP CERTIFICATE DATED 12.06.2023 OF THE LATE P.V.SEBASTIAN ISSUED FROM THE 4TH RESPONDENT