Kerala High Court
Chinnamma P.D vs The District Collector Thrissur on 28 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 28TH DAY OF MAY 2024/7TH JYAISHTA, 1946
WP(C) NO.15843 OF 2024
PETITIONERS:
1 CHINNAMMA P.D, AGED 90 YEARS,
KANJIRATHINGAL HOUSE, MULLASSERY P.O,
THRISSUR DISTRICT, PIN - 680509.
2 JOSEPH BACHU K.J, KANJIRATHINGAL HOUSE,
MULLASSERY P.O, THRISSUR DISTRICT., PIN - 680509.
BY ADVS.
SAIJO HASSAN
V.P.REJITHA
DHEERAJ BABY
MEERA J. MENON
RESPONDENTS:
1 THE DISTRICT COLLECTOR THRISSUR, CIVIL STATION,
AYYANTHOLE P.O, THRISSUR DISTRICT, PIN - 680003.
2 THE TAHSILDAR THRISSUR, CIVIL STATION,
CHEMBUKKAV P.O, THRISSUR DISTRICT, PIN - 680020.
3 THE VILLAGE OFFICER, KILLANNOOR, VILLAGE OFFICE,
KILLANNOOR P.O, THRISSUR DISTRICT, PIN - 695601.
4 THE SUB REGISTRAR THRISSUR, CHEMBUKKAV P.O,
THRISSUR DISTRICT, PIN - 680020.
BY ADV. SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C) No.15843 of 2024
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JUDGMENT
Dated, this the 28th May, 2024
This Writ Petition is necessitated in the context of
refusal on the part of the 4 th respondent/Sub
Registrar to register a gift deed executed by the
petitioner in favour of her grandson/the 2nd
petitioner.
2. The objection is premised on the alleged ground
that the petitioner has only possessory rights and
no title, wherefore, mere possessory rights cannot
be transferred by virtue of a registered document.
3. Heard the learned counsel for the petitioners
and the learned Government Pleader.
4. Learned Government Pleader will adhere to the
stand taken by the party respondents, especially the
4th respondent/Sub Registrar.
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5. This Court is afraid whether the stand taken by
the 4th respondent has any legs in law. All what is
seen stated in Ext.P3 gift deed is that the 1 st
petitioner has been in possession of the property,
since 1970 onwards. A proposition to the effect that
mere possessory rights, by itself, cannot be
transferred by a registered document, can hardly be
countenanced. Registration Act requires registration
of any document, the value of which is more than
Rs.100/-. That being so, there cannot be any
transfer of possessory rights, except by virtue of a
registered document. That apart, it is well
registered that the Sub Registrar is not expected to
probe into the title of the executant, while
registering a document. It has been so held by this
Court in a catena of decisions.
6. In the circumstances, there will be a direction
to 4th respondent/Sub Registrar to register Ext.P3
gift deed - if the same is in confirmity with all
other requirements pertaining to registration - as
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and when it is presented for registration.
7. Learned Government Pleader expressed a concern
that the registration now directed, cannot be
gainsaid by the petitioner in respect of her
application for assignment, referred to in page no.3
of Ext.P3 gift deed. According to the learned
Government Pleader, the fact that the property has
been registered should not constitute an additional
ground to get assignment. It appears that the
concern expressed is not properly grounded, inasmuch
as assignments are not being granted based on the
registration or otherwise of the property, but
within the limits of the statute.
In the circumstances, this Writ Petition is
allowed as indicated above.
Sd/-
C.JAYACHANDRAN, JUDGE
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APPENDIX OF WP(C) 15843/2024
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REPORT DATED 06.02.2024
SUBMITTED BY THIRD RESPONDENT TO THE
SECOND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE REPORT DATED 16.06.2020
SUBMITTED BY SECOND RESPONDENT TO THE
FIRST RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE DRAFT GIFT DEED DATED
13.03.2024.
