M. Mathew Xavier v. Sub Registrar, Changanassery; District Registrar, Kottayam; State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT :** **THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN** **WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931** **WP(C).No. 36929 of 2009(I)** **---------------------------------------** ## **PETITIONER(S):** **------------------------** **M. MATHEW XAVIER, MOOLAYIL HOUSE, VAZHAPALLY.P.O, CHANGANASSERY, KOTTAYAM DISTRICT.** **BY ADVS. MR.JOMY GEORGE, MR.M.J.BENNY, MR.SEBASTIAN THOMAS.** ## **RESPONDENT(S):** **---------------------------** **1. THE SUB REGISTRAR, CHANGANASSERY.** **2. THE DISTRICT REGISTRAR, KOTTAYAM.** **3. STATE OF KERALA, REPRESENTED BY SECRETARY, REGISTRATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.** **R1 TO R3 BY GOVERNMENT PLEADER SMT. T.B.REMANI** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **Kss** ## **WPC.NO.36929/2009 I** ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** - **P1: COPY OF THE SALE DEED NO.3613 DTD. 28/11/2006.** - **P2: COPY OF THE TAX RECEIPT DTD. 26/03/2009.** - **P3: COPY OF THE POSSESSION CERTIFICATE DTD. 26/03/2009 ISSUED FROM THE VILLAGE OFFICE, CHETHIPUZHA.** - **P4: THE ENCUMBRANCE CERTIFICATE OF THE PROPERTY FOR THE PERIOD FROM 18/12/2006 TO 12/09/2007.** - **P5: THE ENCUMBRANCE CERTIFICATE OF THE PROPERTY FOR THE PERIOD FROM 1/1/1972 TO 18/12/2006.** - **P6: COPY OF THE SALE DEED DTD. 21/11/2009 EXECUTED BY THE PETITIONER IN FAVOUR OF THOMAS LUIES KAVALAM.** - **P7: COPY OF THE SALE DEED DTD. 21/11/2009 EXECUTED BY THE PETITIONER IN FAVOUR OF MR.ABLE KAVALAM.** - **P8: COPY OF THE SALE DEED DTD. 21/11/2009 EXECUTED BY THE PETITIONER IN FAVOUR OF MR. NOBLE KAVALAM.** - **P9: COPY OF THE LETTER DTD. 23/11/2009 ISSUED BY THE SUB REGISTRAR, CHANGANASSERY.** - **P10: COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE REVENUE DIVISIONAL OFFICER.** - **P11: COPY OF THE REPORT SUBMITTED BY THE VILLAGE OFFICER ON 21/11/2009.** - **P12: COPY OF THE REPORT OF THE DISTRICT COLLECTOR DTD.12/06/1972.** - **P13: COPY OF THE APPEAL MEMORANDRUM FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.** - **P14: COPY OF THE APPELLATE ORDER DTD. 16/12/2009 PASSED BY THE 2ND RESPONDENT.** **Kss** **..2/-** **..2....** ## **WPC.NO.36929/2009 I** ## **P15: COPY OF THE REPORT FROM THE TALUK LAND BOARD, CHANGANASSERY TO THE REVENUE DIVISIONAL OFFICER, KOTTAYAM DTD. 4/12/2009.** ## **RESPONDENT'S EXHIBITS:** - **R1(A): COPY OF THE LETTER NO.G.2040/08 DTD.1/09/2008 OF THE REVENUE DIVISIONAL OFFICER, KOTTAYAM AND THE RELEVANT TABULATED LIST APPENDED THEREIN.** - **R1(B): COPY OF THE LETTER NO.620/09 DTD. 23/11/2009 SENT BY 1ST RESPONDENT TO THE REVENUE DIVISIONAL OFFICER, KOTTAYAM.** - **R1(C): COPY OF THE LETTER NO.G.2040/08 DTD. 3/12/2009 ISSUED BY THE REVENUE DIVISIONAL OFFICER, KOTTAYAM.** ## **/TRUE COPY/** **P.A.TO JUDGE** **Kss** ## **P.N.RAVINDRAN, J. -----------------------W.P.(C) No. 36929 of 2009 -------------------------Dated 17[th] February, 2010 JUDGMENT** The petitioner is the owner of a parcel of land 25.36 ares in extent, situated in Re-Sy. No.199/1(old Sy No.193/3/1, 2 and 193/4) in Block No.3 of Chethipuzha Village, Changanassery Taluk, Kottayam District. He purchased the said parcel of land as per Ext.P1 sale deed dated 28.11.2006 registered as document No.3613 of 2006 of the Sub Registrar's Office, Changanassery. The petitioner has executed the originals of Exts. P6, P7 and P8 sale deeds, all dated 21.11.2009, conveying nine cents of land each to three different purchasers. The said documents were presented before the Sub Registrar, Changanassery for registration on 21.11.2009 itself. The registering authority declined to register the originals of Exts.P6 to P8 sale deeds and returned them along with Ext.P9 letter dated 23.11.2009 informing the petitioner that he is not in a position to ascertain whether the lands sought to be assigned by the petitioner are included in ceiling cases. The petitioner was asked to resubmit the documents for registration after obtaining a No Objection Certificate from the revenue authorities. 2. The petitioner challenged Ext.P9 in appeal before the District Registrar, (General) Kottayam. By Ext.P14 order passed on 16.12.2009, W.P.(C).No.36929/2009 2 the District Registrar (General) Kottayam set aside Ext.P9 and directed the registering authority to register the originals of Exts.P6, P7 and P8 sale deeds. The grievance voiced by the petitioner is that though the originals of the aforesaid documents were presented before the Sub Registrar, Changanassery for registration along with a copy of Ext.P14 order, the registering authority declined to register the sale deeds. In this writ petition the petitioner seeks a writ in the nature of mandamus commanding the Sub Registrar, Changanasserry to receive the originals of Exts.P6 to P8 sale deeds and to register them. The petitioner also seeks a direction to the Sub Registrar to comply with Ext.P14 order passed by the District Registrar (General) Kottayam. The petitioner contends that in the light of Ext.P14 appellate order, the registering authority is bound to register the sale deeds. He also relies on Ext.P15 letter sent by the authorised officer of the Taluk Land Board to the Chairman of the Taluk Land Board, Kottayam stating that the lands belonging to him are not included in any ceiling case. 3. The first respondent has filed a counter affidavit, wherein, relying on Ext.R1(c) letter sent by the Revenue Divisional Officer, Kottayam, to the Sub Registrar, Changanassery it is contended that land sought to be conveyed by the petitioner is the subject matter of a Ceiling W.P.(C).No.36929/2009 3 Case, TLB 5/73 which is pending before the Taluk Land Board, Changansasery. It is pointed out that in view of the fact that the lands sought to be conveyed by the petitioner as per Exts.P6 to P8 sale deeds are involved in the said ceiling case, the first respondent can register the sale deeds only on production of a No Objection Certificate from the Revenue Divisional Officer. 4. I have considered the submissions made at the Bar by Sri. Sebastian Thomas, the learned counsel appearing for the petitioner and Smt. T.B.Remani, the learned Government Pleader appearing for the respondents. A Division Bench of this Court has in **Selvam v. State of Kerala** (2010 (1) KLT 508) held that the revenue officials cannot direct the registering authority to register documents only on production of a No Objection Certificate from the Revenue Officials. It was held that in the absence of any provision in the Registration Act or the Rules framed thereunder which allows the revenue officials to interdict the registering officer from admitting a document for registration, and to insist that registration can be effected only on production of a No Objection Certificate from the revenue officials, the revenue officials cannot direct the registering authority to register documents only on production of a No Objection Certificate from the revenue officials. The Division Bench W.P.(C).No.36929/2009 4 however clarified that notwithstanding the registration of the instruments, it will be open to the revenue authorities to proceed against the property, if it is found that the land belongs to the Government. 5. The petitioner purchased the lands, sought to be conveyed as per Exts.P6 to P8 sale deeds, as per the original of Ext.P1 sale deed dated 28.11.2006. Even going by Ext.R1(c), the ceiling case is pending since the year 1974. When Ext.P1 sale deed was registered, the registering authority did not insist that the petitioner or his vendor should obtain a No Objection Certificate from the revenue officials. In the light of the decision of the Division Bench of this Court in **Selvam v. State of Kerala** (supra), and in view of the direction issued by the District Registrar in Ext.P14 order, I am of the opinion that the Sub Registrar, Changanassery should register the originals of Exts.P6 to P8 sale deeds in the event of the petitioner presenting the same for reregistration, if the documents are otherwise in order. I accordingly dispose of this writ petition with a direction to the Sub Registrar, Changanassery to register the originals of Exts.P6 to P8 sale deeds, if they are presented by the petitioner for registration and are otherwise in order. It is clarified that the registration of the said documents will not affect the rights of the State over the lands conveyed W.P.(C).No.36929/2009 5 by the petitioner under the aforesaid sale deeds, if the said lands are involved in the Ceiling Case, TLB 5/73 on the file of the Taluk Land Board, Changanasserry. The registration of the documents will not also affect the contentions of the State in Ceiling Case TLB 5/73. The documents shall be registered on the day they are presented for registration, if they are otherwise in order. **P.N.RAVINDRAN Judge** vps W.P.(C).No.36929/2009 6 W.P.(C).No.36929/2009 7