M V Mohanan v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 25TH DAY OF JUNE 2015/4TH ASHADHA, 1937 WP(C).No. 17921 of 2015 (M) ---------------------------- PETITIONER :
--------------------- M.V. MOHANAN, AGED 67 YEARS S/O.VELAYUDHAN, RESIDING AT MADAPLATHURUTHIL HOUSE PARAVUR THALA, PARAVUR - 683 513.
BY ADV. SRI.PEEYUS A. KOTTAM RESPONDENT(S) :
----------------------------
1. STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE GOVERNMENT SECRETARIAT ANNEX, TRIVANDRUM - 695 001.
2. THE DISTRICT COLLECTOR, COLLECTORATE CIVIL STATION, KAKKANAD, ERNAKULAM COCHIN - 682 030.
3. THE SUB REGISTRAR, SUB REGISTRAR OFFICE NJARAKKAL, ERNAKULAM- 682 503.
R1 TO R3 BY GOVT. PLEADER SMT. C.K. SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn ...2/-
WP(C).No. 17921 of 2015 (M) ----------------------------------------- APPENDIX PETITIONERS' EXHIBITS :
------------------------------------- EXT. P1THE TRUE COPY OF THE FAIR VALUE FIXED BY THE REGISTRATION DEPARTMENT, GOVERNMENT OF KERALA PUBLISHED IN THE WEB SITE.
RESPONDENT(S)' EXHIBITS : NIL --------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn
K. VINOD CHANDRAN, J.
------------------------------------------ W.P.(C) No. 17921 of 2015 (M) ------------------------------------------ Dated this the 25th day of June, 2015
J U D G M E N T
The petitioner sought for registration of a document which is a sale deed. The document was refused to be accepted on the ground that the Basic Tax Register describes the property as a 'nilam' and the description given in the deed is 'garden land'. The fair value has also been fixed categorising the property as a residential property. 2.
The issue is squarely covered in Biju M.A. v. Sub-Registrar, Kunnathunadu Taluk - 2013 (2) KHC
34. A learned Single Judge of this Court held that there is no power on the Registering Authority to refuse registration with reference to the nature of the land. Here, it is also to be noticed that the fair value fixation is done looking at the ground realities and it is evident that the fixation of fair value and the assessment of land proceeds on two different considerations.
W.P.(C) No. 17921/2015 -23.
In such circumstance, the 3rd respondent is directed to accept the document and register the same without insisting for any change in description of the property, since the 3rd respondent is not competent to look into the description at all for the purpose of registration. Sd/- K.VINOD CHANDRAN, JUDGE jjj