IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 WP(C).No. 25647 of 2011(S) -------------------------- PETITIONER(S): --------------- P.THANKAPPAN, S/O.PADMANABHAN, "SUDHAMSU" (HOUSE NO.6 A OF THEKKEVILA RESIDENTS ASSOCIATION), NEAR MUNDAKKAL VILLAGE OFFICE, MUNDAKKAL EAST, KOLLAM - 691 001. BY ADV. P.THANKAPPAN (PARTY-IN-PERSON) RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 003. BY GOVERNMENT PLEADER, MR.GEORGE MECHERIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.25647/2011 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF LAND TAX RECEIPT DATED 22/09/2010 ISSUED FROM THE VILLAGE OFFICE, MUNDAKKAL. P2 : COPY OF PARTITION DEED NO.2071/2011 DATED 13/06/2011 REGISTERED IN THE SUB REGISTRY OFFICE, ERAVIPURAM. P3 : COPY OF REQUEST LETTER DATED 04/08/2011 MADE BY THE PETITIONER TO THE SUB REGISTRAR, ERAVIPURAM SUB REGISTRY OFFICE. P4 : COPY OF REPLY DATED 04/08/2011 ISSUED BY THE SUB REGISTRAR, ERAVIPURAM. P5 : COPY OF RELEVANT PAGE OF REGISTRATION RULES (KERALA) CONTAINING RULE 67. P6 : COPY OF AFFIDAVIT DATED 19/08/2011 SWORN TO BY SMT.SARALA DEVI. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... WP(C) No.25647 of 2011 .................................................................... Dated this the 28th day of September, 2011. J U D G M E N T Ramachandran Nair, J. This WP(C) is filed as a Public Interest Litigation for a direction to the Government to consider amendment to Rule 67 of the Registration Rules (Kerala). 2. We have heard the petitioner in person. 3. The defect in the Rule is tried to be demonstrated by the petitioner by referring to a document executed by two children of his cousin claiming 5 cents of land as their own, whereas according to the petitioner, the property belongs to him. The petitioner admitted in the Court that civil suit is filed before Sub Court, Kollam and the matter is pending before the court. The document the validity of which is under challenge before the civil court is produced as Ext.P2 in the WP(C). There is no need for us to consider the claim of the petitioner over the property because it is the subject matter of suit WP(C) No.25647/2011 2 pending before the civil court. So far as the petitioner's grievance against Rule 67 is concerned, what the petitioner wants is that the Registrar should conduct enquiry about the title of the person executing the document. Even though, we notice that Registrar's powers of enquiry are limited to the grounds stated in Rule 67, the Rule has worked smoothly for several years. The exceptional circumstances pointed out by the petitioner based on his claim is no ground for us to declare that the Rule is defective and that it requires amendment. However, we do not want to consider whether a suitable amendment to the Rule is desirable or may help to prevent unnecessary dispute on land because in this case having regard to the nature of dispute between the parties, we do not think the dispute could have been prevented even with the amendment of any Rule. Further, we can direct amendment to the Rule only when Court is satisfied that the Rule is defective or otherwise works hardship to the parties. Since, we are not satisfied about all these, we decline to WP(C) No.25647/2011 3 entertain the prayer raised by the petitioner. We, accordingly, close the Writ Petition leaving it open to the petitioner to raise all his contentions before the Civil Court. It is also open to the petitioner to approach the Registration Department and convince the desirability to the Government for proposing amendment to the Rule. This Writ Petition is closed as above. (C.N.RAMACHANDRAN NAIR, JUDGE) (P.S.GOPINATHAN, JUDGE) jg