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Kerala High Court
Ambika Unnikrishnan vs State Of Kerala on 25 March, 2026
WP(C) NO. 9592 OF 2026
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN
WEDNESDAY, THE 25TH DAY OF MARCH 2026 / 4TH CHAITHRA, 1948
WP(C) NO. 9592 OF 2026
PETITIONER/S:
AMBIKA UNNIKRISHNAN
AGED 72 YEARS
D/O KESHAVANUNNY NAIR, RESIDING AT HOUSE NO. 1241,
LAKSHMI NARAYANNAM, MATTANUR.P.O, KANNUR DIST, PIN -
670702
BY ADVS.
SHRI.ANIL KUMAR K.P.
SMT.MARIYAMMA A.K.
SMT.IPSITA OJAL
SHRI.MANAS P HAMEED
SMT.LAYA SIMON
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, REGISTRATION DEPARTMENT
GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 INSPECTOR GENERAL OF REGISTRATION
DEPARTMENT OF REGISTRATION, VANCHIYOOR. P.O.,
THIRUVANANTHAPURAM, PIN - 695035
3 THE DISTRICT REGISTRAR (GENERAL)
OFFICE OF THE DISTRICT REGISTRAR GENERAL KANNUR AT
THALASSERY, THALASSERY.P.O, KANNUR, PIN - 670101
4 THE VILLAGE OFFICER
PAZHASSI VILLAGE OFFICE, PAZHASSI MEMORIAL HALL IN
URUVACHAL, P.O. MATTANUR, KANNUR DISTRICT, PIN - 670702
5 THE SUB REGISTRAR
WP(C) NO. 9592 OF 2026
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MATTANUR SUB REGISTRAR OFFICE, IRITTY ROAD,
MATTANUR.P.O, KANNUR DISTRICT, PIN - 670702
OTHER PRESENT:
SRI. K. M. FAISAL, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 9592 OF 2026
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P.V. BALAKRISHNAN, J.
..........................................
W.P.(C) No.9592 of 2026
.........................................
Dated this the 25th day of March, 2026
JUDGMENT
This writ petition is filed, seeking a direction to the
Sub Registrar Mattanur, to register a deed of partition
submitted for registration by the petitioner.
2. The petitioner is one of the legal heirs of late
Sri.Keshavanunny Nair, who died on 22.03.1998. At the time
of his death, his wife and 7 children, including the petitioner
were alive and they were his legal heirs. Thereafter, the
mother of the petitioner and two of the petitioner's siblings
passed away. Sri Keshavanunny Nair died intestate and at the
time of his death, he was in possession of six items of
property. The petitioner and other legal heirs of Late Sri.
Keshavanunny Nair, then decided to partition the afore
properties, which were in the name of their father.
Accordingly, they executed a partition deed among
themselves and prepared a draft deed for registration. When
they approached the Sub Registrar to register the partition
deed, he refused to register the document, by stating that,
there is no back document, for one among the properties i.e.,
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the property situated in Sy.No.116/124, having an extent of 4
Ares and 5 sq.m. The petitioner's father, had obtained the
said property as part of a settlement agreement arrived at in
O.S No.84/1997, which was pending before the Sub Court
Thalassery. During the pendency of the execution petition,
the decree holder/plaintiff and the judgment
debtor/petitioner's father, entered into a settlement and as
per the settlement, the decree holder/plaintiff decided to
discontinue the execution proceedings against the judgment
debtor/petitioner's father and thus, the petitioner's father
obtained the afore property. It is hence, aggrieved by the
refusal to register the partition deed by the 5th respondent,
this writ petition has been filed, seeking the afore relief.
3. Heard the learned counsel for the petitioner and
the learned Government Pleader appearing for the
respondents.
4. The learned counsel for the petitioner submitted
that the approach of the 5th respondent in not registering the
partition deed, is illegal and cannot be sustained. She argued
that, the 5th respondent has no authority to refuse
registration citing absence of documents and he has no power
to require production of prior title deeds relating to the
property. She further, by relying on Rule 67 of the Kerala
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Registration Rules, submitted that, the Sub Registrar does not
have any power to conduct an enquiry into the validity of any
document and the afore objection, will not come within any of
the circumstances enumerated in Rule 191 of the Rules.
5. The learned Government Pleader, on instructions,
submitted that, it is only because of the fact that the
petitioner did not produce the partition deed, the Registering
Officer has refused the registration.
6. On an anxious consideration of the rival
submissions and materials on record, I find considerable force
in the submissions made by the learned counsel for the
petitioner. As per Rule 191 of the Kerala Registration Rules,
the Registering Officer cannot refuse registration of a
document submitted before him on the ground of non-
production of title deed or prior document relating to the
property. Similarly, as per Rule 67 of the Rules, the
Registering Officer cannot enquire into the validity of a
document brought to him for registration on the ground that
the executing party has no title to execute the document (See
Muhammed Kutty Vs. Sub Registrar and Another
W.P(c) No.35494 of 2024 dated 27.11.2024).
In such circumstances, this writ petition is allowed
and there shall be a direction to the 5th respondent to register
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the partition deed submitted by the petitioner, within a period
of two weeks from the date of its presentation before him.
Sd/-
P.V. BALAKRISHNAN,
JUDGE
ACS
WP(C) NO. 9592 OF 2026
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APPENDIX OF WP(C) NO. 9592 OF 2026
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LEGAL HEIR CERTIFICATE
ISSUED BY THE THAHASILDAR, THALASSERY
NUMBERED AS K.DIS.205299/99/G2 DATED
20.07.2000
Exhibit P2 TRUE COPY OF THE DEATH CERTIFICATE OF SMT.
KONOTH SAROJINI AMMA ISSUED BY THE SUB
REGISTRAR OF BIRTHS AND DEATHS, THALASSERRY
DATED 14/06/2013
Exhibit P3 TRUE COPY OF THE DEATH CERTIFICATE OF HARIDAS
KONATH NAMBIAR ISSUED BY THE MUNICIPAL
CORPORATION OF THE CITY OF THANE DATED
17/11/2016
Exhibit P4 TRUE COPY OF THE DEATH CERTIFICATE OF
JAYADEVAN K ISSUED BY THE MAJIVADA MANPADA
PRABHAG SAMITI THE MUNICIPAL CORPORATION OF
THE CITY OF THANE DATED 11/09/2023
Exhibit P5 TRUE COPY OF THE LAND TAX RECEIPT DATED
03/09/2025 ISSUED BY THE VILLAGE OFFICE,
PAZHASSI
Exhibit P6 TRUE COPY OF THE ACKNOWLEDGEMENT/RECEIPT FOR
ONLINE TOKEN REGISTRATION DATED 27-01-2026
Exhibit P7 TRUE COPY OF THE JUDGMENT IN ORIGINAL SUIT
NO. 84 OF 1977 DATED 23RD SEPTEMBER 1980 OF
SUBORDINATE JUDGES COURT OF TELLICHERRY
Exhibit P8 TRUE COPY OF THE JOINT STATEMENT FILED BEFORE
THE SUBORDINATE JUDGE OF TELLICHERRY ON
16.12.1985 SEEKING PERMISSION TO DISCONTINUE
THE EXECUTION PROCEEDINGS OF E.P NO. 23/1983
Exhibit P9 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE
NO.1119/26 DATED 02/03/2026
Exhibit P10 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN REV. FR. GEORGE EDEZHAYATH VS. THE
DISTRICT REGISTRAR AND OTHERS (W.P.(C) 15549
OF 2019) DATED 19TH JUNE 2019
Exhibit P11 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN PARAVUR PERUVARAM DESIYA YOGAM VS.
STATE OF KERALA W.P.(C) NO. 48658/2025 DATED
15TH JANUARY 2026
