IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 WP(C).No. 13455 of 2011(F) -------------------------- PETITIONERS: --------------- 1. MOIDEEN, AGED 47 YEARS, S/O. HYDROSEKUTTY, THAREEKANAKATH HOUSE, NEAR FIRE STATION, P.O.PONNANI SOUTH - 679 586. 2. KULSU, D/O. HYDROSEKUTTY, CHANDAKARANTE HOUSE, KADAVANAD AMSOM, PUDUPONNANI DESOM, PONNANI MUNICIPALITY, P.O.PONNANI SOUTH. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENTS: --------------- 1. THE SUB REGISTRAR, PONNANI-679 586. 2. THE REVENUE DIVISIONAL OFFICER, TIRUR-676 101. R1 & R2 BY GOVT. PLEADER T.K. ARAVINDAKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/06/2011, ALONG WITH WPC NO. 13458 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) No.13455/2011 -2- APPENDIX PETITIONERS' EXHIBITS: EXT.P1 : COPY OF THE PROCEEDINGS DATED 10-01-1983, No.826/82/EZHY OF THE TAHSILDAR PONNANI AND PATTA ISSUED IN FAVOUR OF THE MOTHER OF THE PETITIONERS. EXT.P2 : COPY OF THE SALE DEED No.2336/1990 OF SRO, PONNANI. EXT.P3 : COPY OF THE REGISTERED SALE DEED No.294/2009 OF SRO PONNANI. EXT.P4 : COPY OF THE TAX RECEIPT. EXT.P5 : COPY OF THE RELEVANT EXTRACT OF THE NOTIFICATION. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE AMG ANTONY DOMINIC, J. ------------------------------------------------- W.P.(C)No.13455 OF 2011 & W.P.(C)No.13458 OF 2011 ------------------------------------------------- DATED THIS THE 20th DAY OF JUNE, 2011 J U D G M E N T The issues raised in these writ petitions are similar. Therefore, these cases were heard together and are disposed of by this common Judgment. 2. For convenience, facts pleaded in W.P (C) No.13455/2011 referred to hereunder; By Ext. P1 order of assignment dated 10-01-1983, an extent of 18 cents of land was assigned in favour of the mother of the petitioners. The property is situated in Sy. No.1/1A1A 214 of Kadavanad village, Ponnani Taluk. Subsequently as per Ext.P2 document dated 6th August, 1990 the petitioners' mother assigned half of the share in favour of her children. Petitioners' contend that subsequently, as per Ext.P3 sale deed executed on 17-01-2009, except the 2nd petitioner, the other vendees of Ext.P2 sold their interest in favour of the 1st petitioner. Accordingly, the property was mutated in favour of the petitioners 1 and 2 and Ext.P4 shows that tax is being paid by them. W.P.(C)No.13455 & 13458/2011 -2- 3. According to the petitioners, the 2nd petitioner wants to sell his interest in the property in favour of the 1st petitioner and therefore approached the 1st respondent for registering a sale deed. Therefore, the 1st respondent informed them that since the property has been shown as Government property in Ext.P5 notification issued under section 28A of the Kerala Stamp Act, no sale deed in respect of the property can be registered. According to the petitioners the property is not a Government property and therefore they have approached this Court by way of this writ petition and the prayers sought are as follows: (i) To issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to rectify the anomaly in Ext.P5 notification by which the entire property is comprised in R.S 1 of Ponnani Municipality is shown as Government property and showing the 18 cents comprised in R.S No.1/1A1A of Ponnani Municipality belonging to the petitioners and their brothers and sisters. (ii) To issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to accept the sale deed and register the same conveying the entire right, title and interest in 18 cents of land and the residential building therein comprised in R.S No.1/1A1A of Ponnani Municipality in favour of the petitioners by the 2nd petitioner and others. W.P.(C)No.13455 & 13458/2011 -3- 4. On the other hand referring to Ext.P5 notification learned Government Pleader submits that the properties situated in Sy. No.1 of Kadavanad village are Government properties and therefore the 2nd respondent was justified in the stand he has taken. 5. Exhibit P5 is the notification issued under Section 28A of Kerala Stamp Act. In so far the properties situated in Sy. No.1 are concerned the relevant entries in Ext.P5 is extracted for reference. Sl. No. Sy. No. Sub Division number Re- Survey block Re- survey numbe r Re- survey sub division number Panchayat or Municipality or Corporation Name of Local body Panchayat/Muni cipality/Corporat ion Name and number of ward Classific ation by use Fair value Are 1 2 3 4 5 6 7 8 9 10 11 1167 1 1B M Ponnani (M) 44 Govt. property 1 1168 1 1A2, 1A3 M Ponnani (M) 44 Govt. property 1 1169 1 2,3,4 M Ponnani (M) 44 Govt. property 1 6. A perusal of the above shows that as far as the Government properties are concerned, the notification includes not only the survey number, but also the sub division numbers. However, properties in respect of which petitioners claim ownership are situated in Sy. No.1/1A1A of Kadavanad village. A plain reading of Ext.P5 notification shows that property in Sy. No.1/1A1A are not shown as Government property. If that be so, W.P.(C)No.13455 & 13458/2011 -4- necessarily the petitioners are entitled to present their documents executed on proper stamp paper in which event the same is liable to taken up for registration. 7. At this stage, an objection raised by the Government Pleader is that fair value in respect of property in Sy. No.1/1A1A is not specified and therefore document cannot be registered. I find no substance in the said objection. It is true that under Section 28A of Kerala Stamp Act fair value is to be fixed and that is to be done by the authorities. However, the fact that, fair value is not fixed cannot prevent the owner of a land from alienating or dealing with his property and if a document is executed in accordance with law and presented, the same is liable to be registered. At best, the consequence can be a proceedings under Section 45A & B as the case may be, of the Kerala Stamp Act. Therefore, the objection now raised by the learned Government Pleader is only to be rejected. 8. In the circumstances the writ petition is disposed of directing that it will be open to the petitioners to execute the sale deed and present the same for registration. If the document presented is valid in all respects, the same will be registered in accordance with law. W.P.(C)No.13455 & 13458/2011 -5- W.P (C) No.13458/2011 This property is also situated in Sy. No.1/1A1A and therefore the issue raised is covered in all respects by directions issued in the judgment in W.P (C) No.13455/2011. Writ petitions are disposed of accordingly. Sd/- ANTONY DOMINIC JUDGE AMG True copy P.A to Judge