Usman Sha vs The Sub Registrar
2024 Latest Caselaw 15865 Ker

Kerala High Court

Usman Sha vs The Sub Registrar on 6 June, 2024

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
         THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                              WP(C) NO. 2151 OF 2024
PETITIONER:

     1        USMAN SHA
              AGED 50 YEARS
              S/O ABU HAMEED, CHINNAKKALAM HOUSE, KIZHAKKETHAL,
              KODUVAYUR, PALAKKAD, PIN - 678501
              BY ADVS.
              SARATH M.S.
              B.PREMNATH (E)


RESPONDENTS:

     1        THE SUB REGISTRAR
              SUB REGISTRAR'S OFFICE, KODUVAYUR
              PALAKKAD, PIN - 678501
     2        THE VILLAGE OFFICER
              PUDUNAGARAM VILLAGE OFFICE, PALAKKAD, PIN - 678503
     3        THE VILLAGE OFFICER
              VILLAGE OFFICE, KODUVAYUR-1, KODUVAYUR-1 VILLAGE,
              PALAKKAD, PIN - 678503
     4        KUNJUMON
              S/O P.K. MOITHEEN, HOUSE NO.15, SBI COLONY,
              CHEVAAYUR, KOZHIKKOD, PIN - 670017

              BY ADV.SRI.AJITH VISWANATHAN, GP


     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C.) No.2151 of 2024


                                           2



                          C.JAYACHANDRAN, J.
                    ------------------------------------
                       W.P.(C.) No.2151 of 2024
                    ------------------------------------
                  Dated this the 06th day of June, 2024

                                    JUDGMENT

The petitioner approached the respondent/Sub

Registrar to effect correction as regards the village and

re-survey number in Ext.P1 sale deed. When the

petitioner approached the respondent/Sub-Registrar, he

was informed that survey number and the village

concerned cannot be corrected, except by way of a

rectification deed executed by the parties to the

document. It is aggrieved by the said reply that the

petitioner approached this Court.

2. This Court finds no illegality or infirmity in the

stand taken by the respondent/Sub Registrar. The

petitioner essentially seeks rectification of a mistake in

the survey number, as also, the village concerned in

Ext.P1 document. The same has to be done by executing

a rectification deed by the parties to Ext.P1. The present

relief sought for to the effect that the Registrar concerned

shall cause such corrections to be made, without the

junction of the executant, can hardly be sustained in law.

In the circumstances, this Writ Petition will stand

dismissed, without prejudice to the right of the petitioner

to get the rectification deed executed in accordance with

law.

Sd/-

C. JAYACHANDRAN

JUDGE SKP/06-06

APPENDIX OF WP(C) 2151/2024

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE TITLE DEED NO.3708/2011 DATED 24.11.2011 EXECUTED IN THE NAME OF PETITIONER EXHIBIT P2 TRUE COPY OF THE CERTIFICATE NO.312/2023 ISSUED BY VILLAGE OFFICER, PUDUNAGARAM DATED 3/7/2023 IN FAVOUR OF THE PETITIONER EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER TO THE SUB-REGISTRAR, KODUVAYUR DATED 6/12/2023 EXHIBIT P4 TRUE COPY OF LETTER NO.78/23 DATED 6/12/2023 ISSUED BY SUB-REGISTRAR, KODUVAYUR TO THE PETITIONER RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE