← Library
High Court of KeralaWP(C)/26203/2015disposed of

E K Vasanthakumari v. The Sub Registrar , Thalassery

2015-09-01Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 1ST DAY OF SEPTEMBER 2015/10TH BHADRA, 1937 WP(C).No. 26203 of 2015 (A) ---------------------------- PETITIONER :

----------------------- E.K. VASANTHAKUMARI, AGED 70 YEARS, D/O.RAMUNNI, NISHA NIVAS, CHETTAMKUNNU, P.O.THALASSERY-670 101, KANNUR DISTRICT.

BY ADVS.SRI.C.P.PEETHAMBARAN SMT.MINI.V.A.

RESPONDENT(S):

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

1. THE SUB REGISTRAR, SUB REGISTRAR'S OFFICE, THALASSERY, KANNUR DISTRICT.PIN-670 101.

2. THE TAHSILDAR, REVENUE RECOVERY, THALASSERY, KANNUR DISTRICT.PIN-670 101.

3. THE TAHSILDAR, THALASSERY TALUK, THALASSERY, KANNUR DISTRICT. PIN-670 101.

4. THE VILLAGE OFFICER, THALASSERY VILLAGE, KANNUR DISTRICT.PIN-670 101. BY GOVERNMENT PLEADER SMT. C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 26203 of 2015 (A) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE DATED 6.6.2015 ISSUED BY THE 3RD RESPONDENT.

P2TRUE COPY OF THE ORDER DATED 16.9.1996 OF WELFARE FUND INSPECTOR, KANNUR.

P3TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 2.1.1997 ISSUED BY THE 2ND RESPONDENT.

P4TRUE COPY OF THE INFORMATION SUPPLIED BY THE 2ND RESPONDENT DATED 26.7.2012.

P5TRUE COPY OF THE LAND TAX RECEIPT DATED 17.1.2015 ISSUED BY THE 4TH RESPONDENT.

P6TRUE COPY OF THE POSSESSION CERTIFICATE DATED 6.8.2015 ISSUED BY THE 4TH RESPONDENT.

P7TRUE CVOPY OF THE ENCUMBRANCE CERTIFICATE FOR THE PERIOD 1/1/1987 TO 18.7.2013.

P8TRUE COPY OF THE ENCUMBRANCE CERTIFICATES UPTO 23.7.2015. P9TRUE COPY OF THE DRAFT SALE DEEDS.

RESPONDENT(S)' EXHIBITS:

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

A.MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P.(C).No. 26203 of 2015 ---------------------------------------------------- Dated this the 1st day of September,2015

J U D G M E N T

------------------------- The petitioner, aggrieved by denial of registration of sale deed has approached this Court.

2.

It appears that revenue recovery proceedings are pending in respect of the property. The pendency of the revenue recovery proceedings against the property will not stand in the way of the registering authority to register the document. If at all they are entitled for proceeding against the property, they are to free to do so notwithstanding the registration of the documents. The right of the State would not be lost, merely because the property is registered. This will be subject to the right of the State to proceed against the property under the Revenue Recovery Act.

2. Therefore, there shall be a direction to register the documents of the petitioner subject to right of the State to proceed against the property under Revenue Recovery Act. The writ petition is disposed of as above.

Sd/ A.MUHAMED MUSTAQUE, JUDGE jm/