IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 WP(C).No. 21891 of 2008(F) -------------------------- PETITIONER: ------------ YATHEENDRAN.S, PRESIDENT, GURUKRIPA HINDU DHARMA PARIPALANA SANGHAM, REG.NO.1884/05, CHIRAYANKIZHU, THIRUVANANTHAPURAM. BY ADV. SMT.K.P.GEETHA MANI RESPONDENTS: ------------- 1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR (GENERAL), OFFICE OF THE JOINT REGISTRAR OF THE CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. PALODE PRIMARLY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK NO.T.862. REPRESENTED BY ITS SECRETARY, PALODE, THIRUVANANTHAPURAM. R17R2-BY SR.G.P.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN,J. --------------------------------------------- W.P.(C)NO.21891 OF 2008-F ---------------------------------------------- Dated this the 21st day of July, 2008. JUDGMENT Having regard to the nature of the directions being issued hereunder, notice to the third respondent is dispensed with preserving its right to move for review of the judgment, if aggrieved. The learned Senior Government Pleader appears for respondents 1 and 2. 2. The third respondent, a creditor, put an item of property to sale under the provisions of the Kerala State Co-operative (Agricultural and Rural Development Banks) Act. The sale certificate has also been issued to Gurukripa Hindu Dharma Paripalana Sangham represented by the petitioner as a President, the auction purchaser. The sale having become absolute and the sale certificate having been issued, the prior title documents in the custody of the third respondent have also to be handed over to the petitioner. Therefore, it may not be possible to say that the Registrar, exercising authority under the Registration Act, is without power to insist on production of those documents also for perusal before WPC.NO.21891/08 . 2 registering the certificate of sale. This is because, the authority registering the transactions of immovable properties, is entitled to ensure that the transactions are not clandestine. Therefore, on the request of the petitioner, the third respondent or the Sale Officer has to do the needful and for such purpose, it is absolutely essential that any request of the petitioner for release of the prior documents or for production of the same before the registering authority is allowed by the third respondent or the sale officer, as the case may be. It is hence directed that it shall be done as stated above, so that the auction purchaser can fruitfully enjoy the property for its purpose. Let this direction will be carried out by the third respondent or the Sale Officer within a period of three weeks from the date of receipt of a copy of this judgment. THOTTATHIL B. RADHAKRISHNAN, JUDGE. cl WPC.NO.21891/08 . 3