Haris Mohamed vs The Sub Registrar
2024 Latest Caselaw 13261 Ker

Kerala High Court

Haris Mohamed vs The Sub Registrar on 23 May, 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
          THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                           WP(C) NO. 9043 OF 2012
PETITIONERS:

     1      HARIS MOHAMED
            AGED 41 YEARS, S/O.MOHAMED YUNUS, NEDUMPURATH HOUSE,
            IRATTUPETTA, NADAYKKAL P.O., KOTTAYAM DISTRICT.

     2      MR. SABEER.C.S.
            AGED 42 YEARS, S/O.SYED MOHAMED, CHAIPARAMBIL HOUSE,
            IRATTUPETTA, NADAYKKAL P.O., KOTTAYAM DISTRICT.

            BY ADVS.
            SRI.N.S.MOHAMMED USMAN
            SMT.PRIYA DEVI.P



RESPONDENTS:

     1      THE SUB REGISTRAR
            SUB REGISTRAR OFFICE, PEERUMEDU P.O.,
            IDUKKI DISTRICT-685 531.

     2      THE SUB COLLECTOR
            DEVIKULAM P.O., IDUKKI DISTRICT - 685 531

     3      THE TAHASILDAR
            PEERUMADU TALUK OFFICE, IDUKKI DISTRICT-685 531.

BY ADV.

            SRI. RIYAL DEVASSY, GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9043 OF 2012
                                 2



               P.V.KUNHIKRISHNAN, J.
           --------------------------------------------
                W.P.(C) No.9043 of 2012
          ----------------------------------------------
        Dated this the 23rd day of May, 2024

                         JUDGMENT

The above writ petition is filed with the following

prayers:

"(a) Call for the entire records leading to Ext.P-2 and issue a writ in the nature of certiorari or any other appropriate writ, direction or order to quash Ext.P -2.

[b] Issue a writ in the nature of Mandamus or any other appropriate writ, direction or order directing the 1st respondent to register the sale deed as and when presented in respect of properties covered as per Sale Deed No. 172 of 2009 of Peerumedu S.R.O. when presented by the petitioners without insisting on N.O.C from the 3rd respondent.

[c] Issue such other writ, order or direction, as this Honourable Court may deem fit and proper in the facts and circumstances of the case. WP(C) NO. 9043 OF 2012

(d) Award the cost of these proceedings to the petitioners." SIC

2. When this writ petition came up for

consideration on 10.04.2012, this Court passed the

following order;

"The petitioners may move the writ petition after producing the document for registration, if registration is refused."

3. The learned counsel appearing for the

petitioners submitted that, even now, the registration

is not completed. The petitioners can produce the

documents for registration and if it is refused, the

petitioners can approach this Court again.

With the above observation, this writ petition is

disposed of. Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NO. 9043 OF 2012

APPENDIX OF WP(C) 9043/2012

PETITIONER EXHIBITS

P1:-TRUE COPY OF THE SALE DEED NO.172 OF 2009 OF PEERUMEDU SRO

P2:-TRUE COPY OF CIRCULAR ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT DATED 18.04.2008.

P3:-TRUE COPY OF THE JUDGMENT DATED 17.01.2012 IN WPC NO.31477 OF 2011 OF THIS HON'BLE COURT.

RESPONDENTS EXHIBITS           :NIL


                         // TRUE COPY //


                          PA TO JUDGE