IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 WP(C).No. 31127 of 2009(I) ------------------------------------- PETITIONER: ------------------- M.M.BASHEER, AGED 66 YEARS, S/O.M.A.MUHAMMED, RESIDING AT MANGATTIL HOUSE, MUVATTUPUZHA P.O., ARAKUZHA ROAD, MUVATTUPUZHA. BY ADVS. MR.ANOOP JOSEPH, MR.BIJU.N.T. RESPONDENT: ---------------------- SUB REGISTRAR, SUB REGISTRARS OFFICE, MUVATTUPUZHA, ERNAKULAM DISTRICT. BY GOVT. PLEADER MR. M.A. ASIF. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.31127/2009-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: DTD. 27/06/2009 IN ARBITRATION O.P. NO. 1262/08 ON FILES OF THE IIND ADDITIONAL DISTRICT COURT, ERNAKULAM. EXT.P.2: COPY OF THE REPRESENTATION DTD. 06/08/2009 SUBMITTED BY THE PETITIONER TO THE RESPONDENT. EXT.P.3: COPY OF THE POSTAL A/D CARD SIGNED BY THE RESPONDENT ON RECEIPT OF EXHIBIT.P.2. EXT.P.4: COPY OF THE ENCUMBRANCE CERTIFICATE DTD. 20/08/2009 ISSUED BY THE RESPONDENT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ----------------------------------------------------------------- WP (C) NO. 31127 OF 2009 --------------------------------------- Dated this the 21st day of January, 2010 J U D G M E N T The petitioner herein seeks for a direction to the respondent to remove the entry made in the Registry Records pertaining to the petitioner's property made vide order in I.A. No. 6327/2008 in Arbitration O.P. 1262/2008 on the file of IInd Additional District Court, Ernakulam and there by to comply with Exhibit P1 order. The complaint raised herein is that eventhough the petitioner had produced a certified copy of Ext.P1 along with a request, no steps are being taken in the matter. 2. Learned Government pleader, on instructions, submitted that the Sub Registrar has raised an objection that if any order is passed then it will have to be communicated through court for making an entry regarding the lifting of the attachment, and the same is required to be 2 WP(C) NO. 31127/ 2009 done as enjoined under Section 89(5) of the Registration Act. Reliance is placed on the dictum laid down in the judgment in WP(C) No. 36690/2007 in the matter. 3. Therein after considering the matter in the light of the provisions contained in Section 89(5) of the Registration Act, this court directed the petitioner to make an application in this regard for communicating the order to the Sub Registrar for removing the entry. 4. Pursuant to the directions of this court, the Registry has obtained a report from the District Court, Ernakulam. It is revealed from the report that petition schedule property had been conditionally attached vide order dated 02-09-2008 vide order in IA 6327/2008. It is further stated that the attachment order would cease to exist as on 27-07-2009. Thereafter, petition for communicating the order dated 27-06-2009 to the S.R.O., Muvattupuzha was not filed. 5. The Leaned Government Pleader submitted that the 3 WP(C) NO. 31127/ 2009 petitioner may take steps to communicate the order Exhibit P1 through court. There will be a direction to the petitioner to approach the Second Additional District Court with a proper application for communicating Exhibit P1 order, to the Sub Registrar, and on the receipt of the same appropriate action will be taken by the respondent in the matter, for removing the entry. Writ petition is disposed of as above. No costs. T.R. Ramachandran Nair, Judge. rkc