IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 WP(C).No. 33065 of 2011(G) -------------------------------------- PETITIONER: -------------------- JAHAN, W/O.SALIM, AZHIVELIKKATH HOUSE, EDAVANAKKAD VILLAGE, ERNAKULAM DISTRICT, PIN-682 502. BY ADVS. SRI.K.A.SHAMSUDEEN SRI. MOHAMMED ANZAR SRI. MEETHIAN KUNJU SRI.BHAMA G. NAIR RESPONDENTS: ---------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DISTRICT COLLECTOR, ERNAKULAM, ERNAKULAM DISTRICT, PIN-682 030. 3. THE VILLAGE OFFICER, EDAVANAKKAD, ERNAKULAM DISTRICT-682 502. 4. THE SUB-REGISTRAR, KUZHUPILLY, ERNAKULAM DISTRICT-682 501. 5. THE GOSHREE ISLANDS DEVELOPMENT AUTHORITY, ERNAKULAM-682 011, REPRESENTED BY ITS SECRETARY. R1 TO R4 BY GOVT. PLEADER MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO. 33065 OF 2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1- TRUE COPY OF THE DOCUMENT NO.3539/95 DATED 13.10.95 OF KUZHUPPILLY SUB-REGISTRY. EXHIBIT P1(A):TRUE COPY OF THE BASIC TAX RECEIPT DT. 6.6.2011 ISSUED BY THE VILLAGE OFFICE, EDAVANAKKAD EXHIBIT P2- TRUE COPY OF THE DRAFT SALE DEED DATED NIL. EXHIBIT P3- TRUE COPY OF THE LETTER NO.C4/55417/2007 DATED 08.10.2007. EXHIBIT P4- TRUE COPY OF THE LETTER DATED 26.06.2009 ISSUED BY THE 5TH RESPONDENT. EXHIBIT P5- TRUE COPY OF THE JUDGMENT DATED 28.09.2010 IN WP[C]NO. 20524/2010. RESPONDENTS' EXHIBITS : NIL \\ TRUE COPY\\ P.A. TO JUDGE JM ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 33065 OF 2011 ----------------------------------------------------- Dated this the 12th day of December, 2011 J U D G M E N T Petitioner claims to be the owner of one acre of property situated in R.Sy.No.130/2 of Edavanakkad Village. According to the petitioner, he has entered in to an agreement to sell the property. But however the document is refused to be registered by the 4th respondent on the ground that the area has been frozen by the 5th respondent for acquisition. It is therefore this writ petition has been filed for orders to direct the 4th respondent to register Ext.P2 sale deed. 2. If as stated by the petitioner as of now the Section 4(1) notification under the Land Acquisition Act has not been issued concerning the property, I do not see any reason why the petitioner's property cannot be conveyed. Such a view has been taken by this court in several judgments including Ext.P5. W.P.(C) No. 33065 OF 2011 :2 : 3. Therefore, it is ordered that it will be open to the petitioner to produce the sale deed for registration before the 4th respondent, and if, as claimed by the petitioner notification u/s 4(1) of the Land Acquisition Act has not been issued so far, the document shall be registered. The writ petition is disposed of accordingly. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge