IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 WP(C).No. 21211 of 2011(B) ----------------------- PETITIONER : -------------------- C.H.JAFFER SADDIQUE, S/O.K.U.MUHAMMED, AGED 34 YEARS, CHANDRAMANGALAM VEEDU, MUNNAR TOWN, KDH VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. DISTRICT COLLECTOR, COLLECTORATE, PAINAVU, IDUKKI DISTRICT-685603. 3. REVENUE DIVISIONAL OFFICER, DEVIKULAM, IDUKKI DISTRICT-685613. 4. SUB REGISTRAR, SUB REGISTRAR OFFICE, DEVIKULAM, IDUKKI DISTRICT-685613. R1 TO R4 BY SPL. GOVT. PLEADER SMT. SUSEELA R. BHAT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2011, ALONG WITH WP(C) NO. 21246/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 21211 of 2011(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE SALE DEED BEARING NO. 464/2000 OF DEVIKULAM SRO. EXT.P2 : COPY OF THE TAX RECEIPT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn P.R.RAMACHANDRA MENON, J ....................................................... W.P.(C)s.21211 & 21246/2011 .............................................. Dated this the 4th day of August, 2011 JUDGMENT Petitioners obtained title to the properties concerned by virtue of the relevant sale deeds of SRO, Devikulam and that they are enjoying the same with absolute ownership, exclusive possession and clear and marketable title for more than a decade. Now the petitioners want to transfer the properties to some prospective purchasers. When the petitioners approached the concerned authority for registering the sale deeds, it was refused to be effected by the registering authority, stating that the 'NOC' of the revenue authorities was necessary for effecting registration. The learned counsel submits that the issue is squarely covered by the decision rendered by this Court in Selvam v. State of Kerala (2010 (1) KLT 508). 2. Heard the learned Government Pleader as well, who submits that investigation is going on especially as to the title and seeks for time to file a statement. W.P.(C).21211/11 2 3. After hearing both the sides, this Court finds that no statement is actually necessary with regard to any factual aspect as the point is with regard to a question of law, which in fact is covered by the decision cited supra, holding that no NOC from the revenue authorities is necessary to effect registration of the document under the relevant provisions of the Registration Act/Rules. This being the position, petitioners are entitled to succeed. 4. In the above circumstances, both the writ petitions are disposed of, directing the fourth respondent to effect necessary registration of the documents produced by the concerned party forthwith, if the deeds are otherwise proper in all respects. It is made clear that, it will not be a bar for the revenue authorities in proceeding against the properties concerned, if the title and possession are defective in any manner. P.R.RAMACHANDRA MENON, Judge mrcs