Kerala High Court
Radha Mohanan vs State Of Kerala on 5 September, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
W.P.(C).No.26303/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
WP(C) NO. 26303 OF 2024
PETITIONER/S:
1 RADHA MOHANAN, AGED 62 YEARS
W/O.MOHANAN.M.K, RAHESH BHAVAN,
MUTTATHUKONAM.P.O., PRAKKANAM MURI, CHENNEERKARA
VILLAGE, KOZHENCHERRY TALUK. PATHANAMTHITTA, PIN
- 689625
2 REMA VISWAN
AGED 56 YEARS
W/O.VISWAMBHARAN.C, VETTITHARAVADAKKETHIL HOUSE,
KADAPRA.P.O., KUMBANADU, KOIPPURAM VILLAGE,
THIRUVALLA TALUK., PATHANAMTHITTA, PIN - 689547
3 RAVI.P.K.
AGED 55 YEARS
S/O.KOCHURAMAN, VETTITHARAVADAKKETHIL HOUSE,
KADAPRA.P.O., KUMBANADU, KOIPPURAM VILLAGE,
THIRUVALLA TALUK-PATHANAMTHITTA, PIN - 689547
4 LATHIKA PRASANNAKUMAR
AGED 58 YEARS
W/O. PRASANNAKUMAR, ATHIKALAM HOUSE, KURICHI
VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM
DISTRICT., PIN - 686532
5 REKHA ANILKUMAR
AGED 44 YEARS
W/O.ANILKUMAR, VIRUTHIPARAMPIL HOUSE,
VADAYAR.P.O., THALAYOLAPARAMPU, KOTTAYAM
DISTRICT, PIN - 686605
BY ADVS.
V.PHILIP MATHEWS
P.K.AJITHKUMAR
ABIYA MARIYAM MATHEW
W.P.(C).No.26303/2024
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RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
REVENUE, KERALA GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 LAND REVENUE COMMISSIONER
OFFICE OF THE COMMISSIONER OF LAND REVENUE PUBLIC
OFFICE BUILDING, MUSEUM ROAD, OPPOSITE ZOO,
VIKHAS BHAVAN P.O, THIRUVANANTHAPURAM, PIN -
695033
3 DISTRICT COLLECTOR
2ND FLOOR, DISTRICT COLLECTORATE, PATHANAMTHITTA,
PIN - 689645
4 THE TAHSILDAR (LR),
THIRUVALLA TALUK OFFICE, REVENUE TOWER, REVENUE
TOWER ROAD, THIRUVALLA, PATHANAMTHITTA DISTRICT,
PIN - 689101
5 VILLAGE OFFICER,
KOIPURAM VILLAGE OFFICE, KOIPURAM, PATHANAMTHITTA
DISTRICT, PIN - 689531
6 SUB REGISTRAR,
OFFICE OF SUB REGISTRAR, THIRUVALLA, REVENUE
TOWER ROAD PATHANAMTHITTA DISTRICT, PIN - 689101
SMT. Deepa V., GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 05.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
The petitioners claim to be the owners in possession of
2.6 Ares of land in Resurvey No.160/5 of Koyipram Village.
According to the petitioners, the said property was obtained by
their father on Kudikidappu right. The petitioners' father was
issued with a purchase certificate (Patta). It is the case of the
petitioners that on the death of their father, the property
devolved upon them. The petitioners wanted to partition the
property. Hence, they prepared a partition deed and submitted
it before the 6th respondent for registration. However, the 6th
respondent insists for the original of the Patta. Since the original
Patta was lost irrecoverably, the petitioners submitted several
applications before various authorities to get a copy of the Patta.
However, they did not get a copy of the Patta. It is in these
circumstances, the petitioners have approached this Court
seeking a direction to the respondents 2 to 4 to issue a copy of
Patta or in the alternative, to direct the 6 th respondent to register
the partition deed without insisting for production of the original
Patta.
2. I have heard Sri. V. Philip Mathews, the learned
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Counsel for the petitioner and Smt. Deepa V., the learned
Government Pleader.
3. Exts. P1 to P3 are the land tax receipts in
respect of the property in the name of the father of the
petitioners. Ext.P4 is the copy of the relevant page of the
Thandapper register. These documents would prima facie prove
the title and possession of the petitioners' father over the
property. Admittedly, there is no rival claim over the property. It
is settled that the non production of prior documents for the
purpose of registration cannot be a ground for the Sub Registrar
to refuse registration. (See Sankaran T.A v. State of Kerala
2023 KHC 9195). Therefore, the 6th respondent cannot insist the
petitioners to produce the original of the Patta to register the
partition deed. That apart, Exts.P5, P7, P8 and P9 would show
that the petitioners had approached several authorities to get the
original of the Patta, but it was not obtained. The learned
Government Pleader on instructions submits that the entire back
files relating to the issuance of Patta has been transferred to the
Taluk Office, Kozhencherry. However, Ext.P7 would show that as
early as on 2022, the Tahsildar, Kozhencherry has informed the
petitioners that the file relating to the said Patta is not available
in that office.
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In these circumstances, this writ petition is disposed of
with a direction to the Sub Registrar concerned to register the
partition deed of the petitioners in accordance with law, without
insisting for the original of the Patta, within a period of one
month from the date of receipt of a copy of this judgment.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
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APPENDIX OF WP(C) 26303/2024
PETITIONER EXHIBITS
Exhibit P 1 TRUE COPY OF LAND TAX RECEIPT NO.D.24534
DATED 2.3.2009 ISSUED BY THE VILLAGE
OFFICER, KOIPURAM
Exhibit P 2 TRUE COPY OF TAX RECEIPT NO.
KL03050605555/2020 DATED 11/08/2020
ISSUED BY THE VILLAGE OFFICER, KOIPURAM
Exhibit P 3 TRUE COPY OF TAX RECEIPT
NO.KL03050601460/2024 DATED 1/03/2024
ISSUED BY THE VILLAGE OFFICER, KOIPURAM
Exhibit P 4 TRUE COPY OF RELEVANT PAGE OF THANDAPPER
REGISTER SHOWING THANDAPPER NO.1729 OF
KOIPURAM VILLAGE, IN RESPECT OF
PETITIONERS’ PROPERTY
Exhibit P5 TRUE COPY OF LETTER NO. A4-1464/16/L.DIS
DATED 22.3.2016 FROM ADDITIONAL
TAHSILDAR, THIRUVALLA ADDRESSED TO THE
THIRD PETITIONER
Exhibit P 6 TRUE COPY OF CERTIFICATE NO.1034/20
DATED 21.8.2020 FROM THE FIFTH
RESPONDENT VILLAGE OFFICER, KOIPURAM
STATING THE THIRD PETITIONER HAS 1/5
SHARE IN THE PROPERTY HAVING AN EXTENT
OF 02.60 ARES IN RE-SURVEY NO.160/5 OF
KOIPURAM VILLAGE AND HE HAS NO OTHER
PROPERTY IN HIS NAME
Exhibit P 7 TRUE COPY OF LETTER NO.A6-9869/2021
DATED 17/2/2022 FROM TAHSILDAR, TALUK
OFFICE, KOZHENCHERRY TO THE THIRD
PETITIONER
Exhibit P 8 TRUE COPY OF LETTER NO.C2-5862/2022
DATED 27.8.2022 FROM TAHSILDAR,
THIRUVALLA TALUK TO VILLAGE OFFICER,
KOIPURAM PURSUANT TO LETTER FROM
PETITIONER DIRECTING TO TAKE NECESSARY
STEPS TO EFFECT MUTATION OF PROPERTY IN
THE NAME OF PETITIONERS
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Exhibit P 9 TRUE COPY OF LETTER NO.A4-9869/2021
DATED 6/6/2023 FROM TAHSILDAR,
THIRUVALLA TO THIRD PETITIONER
Exhibit P 10 TRUE COPY OF REPRESENTATION DATED
17.12.2023 SUBMITTED BEFORE THE
HON’BLE CHIEF MINISTER OF KERALA
Exhibit P 11 TRUE COPY OF RECEIPT DATED 17.12.2023
ISSUED ACKNOWLEDGING RECEIPT OF EXHIBIT
P10 REPRESENTATION
Exhibit P 12 TRUE COPY OF RECEIPT - DOCKET
NO.PTA/0206/T/52002 ISSUED IN THE TALUK
ADALATH, THIRUVALLA
