IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 WP(C).No. 2578 of 2011(V) -------------------------------- PETITIONER(S): ------------------- DR.MOHAN BABU,S/O.LATE DR.PAUL BABU, AGED 56 YEARS,RESIDING AT BAMMS,MUNNAR. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): -------------------- 1. THE DISTRICT COLLECTOR,IDUKKI DISTRICT, PIN-6856001. 2. THE SUB COLLECTOR,DEVIKULAM, PIN-685613. 3. THE TAHSILDAR,DEVIKULAM TALUK, (DIST)IDUKKI,PIN-685613. 4. SUB REGISTRAR,DEVIKULAM,(DIST) IDUKKI,PIN-685613. R1 TO R4 BY GOVT.PLEADER SRI.M.P.SREEKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.2578 OF 2011(V) -------------------------------------------------- Dated this the 3rd day of February, 2011 J U D G M E N T Petitioner claims to be the owner of a property having an extent of 9.850 cents comprised in Sy. No.68/28A of KDH village. By Ext.P2 agreement and Ext.P10 supplementary agreement for sale of the property he had agreed to sell the said property to the Munnar Sevice Co-operative Bank. What lead the petitioner to file this writ petition is the insistence of the 4th respondent for production of NOC issued by the Revenue Department for registration of the property. In the judgment in Selvam V. State of Kerala (2010(1)KLT 508), a Division Bench of this court held that in the absence of any statutory provision for the requirement of NOC for the registration of the document, the 4th respondent cannot insist on such requirement. Therefore because of the aforesaid judgment, the issue raised in this writ Petition is only to be answered in favour of the petitioner. 2. Therefore I direct that, if the petitioner produces original sale deed pertaining to the aforesaid property, the 4th respondent shall accept the same and take it for registration without insisting WPC.No. 2578/2011 :2 : on an NOC from the Revenue Department, provided the document is otherwise satisfies all the requirements of law. It is made clear that the registration will not affect the right of the respondents to conduct an enquiry into the title of the petitioner and if found against the petitioner, registration shall not stand in the way of the respondents taking appropriate action. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/