High Court of KeralaWP(C)/6120/2015disposed of

Mohammed Illyas v. The Sub Registrar, Ponani

2015-02-26Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 26TH DAY OF FEBRUARY 2015/7TH PHALGUNA, 1936 WP(C).No. 6120 of 2015 (L) ------------------------------------- PETITIONER(S):

----------------------- MOHAMMED ILLYAS, AGED 43 YEARS, S/O. MOIDEENKUTTY, PULIKKAVEETTIL HOUSE, PONANI P.O., MALAPPURAM DISTRICT, PIN-679 577.

BY ADVS.SRI.M.I.JOHNSON SRI.T.K.MOIDEEN KUTTY RESPONDENT(S):

--------------------------

1. THE SUB REGISTRAR, PONANI, MALAPPURAM DISTRICT, PIN - 679 577.

2. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF REGISTRATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 023.

BY GOVERNMENT PLEADER SRI.K.C.VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 6120 of 2015 (L) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1- TRUE COPY OF THE DOC NO. 3454/1986 OF SRO PONANI. EXHIBIT P2- TRUE COPY OF THE DOCUMENT PRESENT BEFORE THE 1ST RESPONDENT FOR REGISTRATION DATED 7-2-2015 EXECUTE BY MR. UNNIKRISHNAN FAVOUR OF THE PETITINER AND MRS. BABY. EXHIBIT P3- TRUE COPY OF THE MEMO DATED 19-2-2015 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P4- TRUE COPY OF THE JUDGMENT DATED 07-01-2005 IN WPC NO. 443 OF 2015.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msv/

P.R. RAMACHANDRA MENON, J.

--------------------------------- W.P.(C) No. 6120 of 2015 ------------------------------- Dated this the 26th day of February, 2015.

JUDGMENT

The petitioner has approached this Court, mainly with the following prayers:

(a) Issue appropriate writ declaring that the objection noted by the 1st respondent by way of Exhibit P3 is not legally sustainable.

(b) Issue a writ of certiorari or any other appropriate writ, order or direction directing the 1st respondent to register the Exhibit P2 sale deed dated 7.2.2015 executed by Mr. Unnikrishnan in favour of the petitioner.

The grievance of the petitioner is with regard to non registration of Ext.P2 document presented by the petitioner before the first respondent, referring to description of the property as 'nilam'. The learned counsel for the petitioner submits that in an exactly similar circumstance, this Court has directed the registering authority to cause registration of the concerned document, making it clear that, it is for the Revenue

W.P.(C) No. 6120 of 2015 -2Authorities to ascertain the nature and topography of the concerned land while effecting mutation, as per Ext.P4 verdict in W.P.(C) No.23146 of 2014.

Heard the learned Government Pleader as well. 4.

After hearing both the sides, the writ petition is disposed of, directing the first respondent to cause registration of Ext.P2 document forthwith, in accordance with law, if the same is otherwise registrable, in tune with the relevant provisions of the Registration Act/Rules. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the concerned respondent for further steps.

Sd/- P.R. RAMACHANDRA MENON JUDGE Scl.