Krishnan vs The Sub Registrar
2024 Latest Caselaw 10381 Ker

Kerala High Court

Krishnan vs The Sub Registrar on 11 April, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

WP(C) NO. 27665 OF 2016             1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                          WP(C) NO. 27665 OF 2016
PETITIONER/S:

               KRISHNAN
               AGED 46 YEARS
               S/O.LATE SANKARA NARAYANAN NAMBOOTHIRIPAD,
               VARIKKUMANCHERY MANA, MANISSERY, OTTAPALAM TALUK,
               PALAKKAD DISTRICT.

               BY ADV SRI.P.JAYARAM



RESPONDENT/S:

      1        THE SUB REGISTRAR
               OTTAPALAM-679101.

      2        STATE OF KERALA
               REPRESENTED BY SECRETARY, DEPARTMENT OF
               REGISTRATION, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

  ADDL.R3      RADHAKRISHNAN, S/O CHEMMANOOR GOPALAN,
               P.O.CHEMMANOOR, THALAPPILLY TALUK, THRISSUR DISTRICT
               680517

  ADDL.R4      SUNIL KUMAR, S/O CHOONDAPURACKAL SREEDHARAN, P.O.,
               CHEMMANOOR, THALAPPILLY TALUK, THRISSUR DISTRICT
               680517

  ADDL.R5      MURALEEDHARAN, S/O. VALIYDEDATH KUMARAN,
               P.O.CHEMANOOR, THALAPPILLY TALUK, THRISSUR DISTRICT
 WP(C) NO. 27665 OF 2016           2


               680517

  ADDL.R6      MANOJ, S/O CHOONDAPURACKAL SREEDHARAN,
               P.O.CHEMMANOOR,THALAPPIILLY TALUK, THRISSUR
               DISTRICT 680 511

  ADDL.R7      SUGUNAN, S/O VALIYIL RAMAN, P.O. KAKKASSERY,
               CHAVAKAD TALUK, THRISSUR DISTRICT 680 511

  ADDL.R8      RAJEEV,S/O EZHUTHUPURACKAL APPU, P.O.KAKKASSERY,
               CHAVAKAD TALUK, THRISSUR DISTRICT 680 511 (*ADDL.R3
               TO R8ARE IMPLEADED AS PER ORDER DATED 5.9.2016 IN IA
               14141/16)

               BY ADV SRI.P.V.JEEVESH


OTHER PRESENT:

          SRI.RIYAL DEVASSY, GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 27665 OF 2016               3




                       P.V.KUNHIKRISHNAN, J
                   ---------------------------------------
                     W.P.(C.) No. 27665 of 2016
                    --------------------------------------
              Dated this the 11th day of April, 2024


                                 JUDGMENT

The above writ petition is filed with following prayers :

"i) Declare that the 1st respondent has no power, authority or jurisdiction to go into the questions of title and possession held by the petitioner and others with reference to the property covered by Exhibit P1 sale deed.

ii) Issue a writ of certiorari or other appropriate writ, direction or order quashing Ext.P2 order.

iii) Issue a writ of mandamus or other appropriate writ, direction or order directing the 1st respondent to register Exhibit P1 sale deed on production of its original

iv) Grant such other reliefs found just and proper in the facts and circumstances of the case." [sic]

2. When this writ petition came up for consideration on

05.09.2016, this Court passed the following order :

"The petitioner intends to sell an item of property to respondents 3 to 8. Accordingly, a sale deed has been prepared and presented by the petitioner for registration. The grievance of the petitioner in the writ petition is that the Sub-Registrar is not permitting registration of the document presented by the petitioner.

2. The learned Government Pleader, on instructions, submitted that there exists a land ceiling proceedings in respect of the property and it is due to the said reason that the document was not permitted to be registered. The learned counsel for respondents 3 to 8 has no objection in purchasing the property subject to the outcome of the land ceiling proceedings.

In the circumstances, there will be an interim order directing the Sub-Registrar to register the document presented by the petitioner provisionally, pending disposal of the writ petition. Hand over."

In the light of the above order, no further direction is

necessary. If any land ceiling proceedings are pending, the

respondents are free to proceed with the same in accordance

with law.

Therefore, this writ petition is disposed of recording the

order dated 05.09.2016.

sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 27665/2016

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ASSIGMENT DEED DTD 27/4/2016 PREPARED TO ASSIGN THE PROPERTY OF THE PETITIONER AND OTHERS

EXHIBIT P1(A) TRUE COPY OF THE ONLINE REGISTRATION DTD 11/8/2016 WITH REFERENCE TO EXHIBIT P1 SALE DEED

EXHIBIT P2 TRUE COPY OF THE ORDER DTD 11/8/2016 REFUSING TO REGISTER EXHIBIT P1 ASSIGNMENT DEED ISSUED BY THE IST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DTD 8/8/1977 IN OS NO 22/1974 ON THE FILES OF SUB COURT, OTTAPALAM

EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN AIR 1985 KERALA 250 IN VASUDEVAN NAMBOODIRIPAD VS.RAVI NAMBOODIRIPAD.

EXHIBIT P5 TRUE COPY OF THE ORDER DTD 26/4/2012 IN S M NO 2/2003 ON THE FILES OF TALUK LAND BOARD, OTTAPALAM.

EXHIBIT P6                  TRUE COPY OF THE ORDER B1.2012/27454/9/400
                            DTD    14/6/2013   PROCEEDINGS   OF    THE
                            TAHSILDAR, OTTAPALAM

EXHIBIT P7                  TRUE COPY OF THE TAX RECEIPT DTD 11/4/2016

ISSUED FROM VANIYAMKULAM II VILLAGE TO THE PETITIONERS MOTHER AND OTHERS WITH RESPECT TO PRPERTY COVERED BY EXHIBIT P1

EXHIBIT P8 TRUE COPY OF THE POWER OF ATTORNEY DTD

21/10/2013 EXCUTED BY PETITIONERS MOTHER AND HIS SIBLINGS IN FAVOUR OF THE PETITIONER.