Kerala High Court
Rama N. Iyer vs The District Collector on 6 February, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 7123 OF 2015
PETITIONER:
RAMA N. IYER
AGED 82 YEARS
S/O. LATE NARAYAN K. IYER, RESIDING AT 12574, CEDAR
ROAD, CLEVELAND HEIGHTS, O.H.44106, USA, REPRESENTED BY
THE POWER OF ATTOREY HOLDER G.SUBRAMANIAN,
S/O. GOPALAKRISHNAN, FLAT NO.3, SUDHARMA,
IST FLOOR, LAYAM ROAD, KOCHI-16.
BY ADV SRI.SAJI VARGHESE KAKKATTUMATTATHIL
RESPONDENTS:
1 THE DISTRICT COLLECTOR
KOTTAYAM DISTRICT, CIVIL STATION, 2ND FLOOR,
KOTTAYAM-686001.
2 THE SUB REGISTRAR
VAIKOM SUB REGISTRY OFFICE, VAIKOM,P.O., PIN-686141.
3 ADDL.R3 RESERVE BANK OF INDIA
REPRESENTED BY ITS GEGIONAL MANAGER, ERNAKULAM NORTH,
KOCHI-682018.
4 ADDL.R4 UNION OF INDIA
MINISTRY OF FINANCE, REPRESENTED BY ITS SECRETARY,
NEW DELHI, PIN-110001. (ADDL.R3 AND R4 IMPLEADED AS PER
ORDER DATED 13/03/2015 IN IA.NO.3671/2015).
BY ADVS.
SRI. RIYAL DEVASSY GP,
SRI. DINESH R SHENOY - R4
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.7123 OF 2015
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C)No.7123 of 2015
-------------------------------------
Dated this the 06th day of February, 2024
JUDGMENT
The above writ petition is filed with the
following prayers;
"a) Issue a writ mandamus or other appropriate
writ, direction or order, declaring that the
petitioner has absolute right to alienate his
ancestral property without the permission from
any authority;
b) Issue a writ of mandamus or other
appropriate direction or order commanding the
2nd respondent to accept the sale deed and
other documents to be executed and presented
by the petitioner for registration without insisting
WP(C) NO.7123 OF 2015
for the production of ID proof issued by the Govt.
of India;
c) Issue such other relief's which is deemed to
be fit and proper to this Honourable court in the
facts and circumstance of the case." (SIC)
2. The writ petition is pending before this Court
from 2015 onwards. There is no interim order passed
in this case. The main prayer in this petition is for
registration of a sale deed by a person of Indian origin,
who is a citizen of U.S.A, to register the documents
without production of I.D. proof issued by the
Government of India.
3. The learned Government Pleader submitted
that, if the person holding the Overseas Citizen India
Card, the registration is possible. If the petitioner is
having that document, the petitioner can approach the
authority concerned, in accordance with law.
WP(C) NO.7123 OF 2015
With the above observation, this writ petition is
disposed of.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
WP(C) NO.7123 OF 2015
APPENDIX OF WP(C) 7123/2015
PETITIONER EXHIBITS
EXT.P1: TRUE COPY OF THE POWER OF
ATTORNEY EXECUTED BY THE PETITIONER.
EXT.P2: TRUE COPY OF THE JUDGMENT OF
THIS HON'BLE COURT IN WPC
NO.28181/2012.
EXT.P3: TRUE COPY OF THE LEGAL
HEIRSHIP CERTIFICATE OF LATE
G.NARAYANAN IYER.
EXT.P4: TRUE COPY OF THE CIRCULAR
NO.4/2014-15 ISSUJED BY THE RESERVE
BANK OF INDIA.
EXT.P5: TRUE COPY OF THE PASS PORT
ISSUED BY THE UNITED STATES OF
AMERICA DATED 11/03/2006
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
