Kerala High Court
M/S. Indel Corporation Private Limited vs The Sub Registrar on 6 February, 2024
WP(C) No.44323/2023 1/2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Tuesday, the 6th day of February 2024 / 17th Magha, 1945
WP(C) NO. 44323 OF 2023
PETITIONER:
M/S. INDEL CORPORATION PRIVATE LIMITED, OFFICE NO. 301, FLOOR NO.3,
SAI ARCADE N.S ROAD, MULUND WEST MUMBAI, MUMBAI CITY, MAHARASHTRA -
400 080 REPRESENTED BY ITS DIRECTOR MR. UMESH MOHANAN, AGED 42
YEARS, S/O GOPALAKRISHNAN MOHANAN, RESIDING AT DHANNYA, KANNADI
P.O., KANNADI 1 VILLAGE, PALAKKAD DISTRICT, PIN - 678701.
RESPONDENTS:
1. THE SUB REGISTRAR, SUB REGISTRAR OFFICE, PEERMADE, PEERMADE P.O.,
IDUKKI DISTRICT, PIN - 685531.
2. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN
- 695001.
3. THE DISTRICT COLLECTOR, IDUKKI DISTRICT AT CIVIL STATION PAINAVU,
KUYILIMALA, IDUKKI DISTRICT, PIN - 685603.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to pass an Interim Order extending the validity of the Non
Judicial Stamp Paper in which Exhibit P-1 (B) is prepared and the valid
registration fees remitted as per Exhibit P-2, pending final disposal of
this Writ Petition (Civil).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
04.01.2024 and upon hearing the arguments of M/s. ANILA UMESH and KEERTHI
SAJEEV, Advocates for the petitioner and of GOVERNMENT PLEADER for the
Respondents, the court passed the following:
WP(C) No.44323/2023 2/2
ORDER
The petitioner has approached this Court challenging Exhibit P3, on
the ground that this Court as per Exhibits P4 and P5 has permitted
registration of the deed in similar circumstances.
The learned Government Pleader upon instructions submitted that
Exhibit P5 order has been issued relying on W.A. No.102/2022 and the state
has filed SLP Nos.14806-14807/2023 challenging the same, and the Apex
Court has granted stay of registration of the documents in respect of the
plantation involved in the said Writ Appeal.
In view of the same, the learned Government Pleader to get
instructions and to file a statement.
Post on 22.02.2024.
06.02.2024 Sd/- VIJU ABRAHAM, JUDGE
Exhibit P1:- TRUE COPY OF THE REGISTERED SALE DEED NUMBER 3137/23/I
OF SRO PEERMADU.
Exhibit P1(a):- TRUE COPY OF THE REGISTERED SALE DEED NUMBER
3138/23/I OF SRO PEERMADU.
Exhibit P1(b):- TRUE COPY OF THE UNREGISTERED SALE DEED FOR 7.8913
HECTARES OF LAND
Exhibit P2 :TRUE COPY OF THE E-CHALLAN NO. GRN KL023167759202324E
DATED 31.10.2023.
Exhibit P3:- TRUE COPY OF THE COMMUNICATION NO. 204/2023 DATED
01.11.2023 ISSUED BY THE 1ST RESPONDENT.
Exhibit P4:- TRUE COPY OF THE JUDGMENT DATED 18.01.2019 IN WRIT
PETITION (CIVIL) NO. 1529 OF 2019 OF THIS HON'BLE COURT.
Exhibit P5:- TRUE COPY OF THE JUDGMENT DATED 17.03.2023 IN WRIT
PETITION (CIVIL) NO. 3801 OF 2022 OF THIS HON'BLE COURT.
06-02-2024 /True Copy/ Assistant Registrar
