IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WP(C).No. 27314 of 2011(L) --------------------------------------- PETITIONER(S): ----------------------- V.T. THOMAS, S/O. THOMAS, AGED 52 YEARS, RESIDING AT VALARKOTTU HOUSE, CHEMPILAVU P.O., KOTTAYAM DISTRICT, PIN-686 584. BY ADV. SRI.N.M.VARGHESE RESPONDENT(S): ------------------------- 1. STATE OF KERALA TO BE REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE INSPECTOR GENERAL OF REGISTRATION, THIRUVANANTHAPURAM-695 001. 3. THE DISTRICT REGISTRAR, IDUKKI, CIVIL STATION, KUYILIMALA, IDUKKI DISTRICT-685 604. 4. THE DISTRICT COLLECTOR, IDUKKI, COLLECTORATE, KUYILIMALA, IDUKKI DISTRICT-685 604. 5. THE TAHSILDAR, DEVIKULAM TALUK, DEVIKULAM P.O., IDUKKI DISTRICT, PIN-685 613. 6. THE SUB REGISTRAR, DEVIKULAM, DEVIKULAM P.O., PIN-685 613. R1 TO R6 BY GOVT. PLEADER SMT.M.J. RAJASHREE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 27314 of 2011(L) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SALE DEED NO.664/97 DATED 01/03/1997 EXECUTED AT THE OFFICE OF THE 6TH RESPONDENT. EXT.P2: COPY OF THE BASIC TAX RECEIPT NO.3371036 DATED 07/07/2011 ISSUED IN THE NAME OF THE PETITIONER BY THE VILLAGE OFFICER, MAMKULAM. EXT.P3: COPY OF THE SALE AGREEMENT DATED 22/09/2007 EXECUTED BY THE PETITIONER. EXT.P4: COPY OF THE SALE DEED NO.2999/96 DATED 14/10/1996 EXECUTED AT THE OFFICE OF THE 6TH RESPONDENT. EXT.P5: COPY OF THE BASIC TAX RECEIPT NO.3371035 DATED 07/07/2011 IN THANDAPER NO.693 ISSUED BY THE VILLAGE OFFICER, MAMKULAM. EXT.P6: COPY OF THE POWER OF ATTORNEY NO.35/IV/97 DATED 01/03/1997 EXECUTED AT THE OFFICE 6TH RESPONDENT. EXT.P7: COPY OF THE SALE AGREEMENT DATED 26/07/2011 EXECUTED BY THE PETITIONER. EXT.P8: COPY OF THE COMMUNICATION NO.C2-13732/32/11/L.DIS. DATED 22/09/2011 OF THE 5TH RESPONDENT. EXT.P9: COPY OF THE LETTER NO.17262/D3/05/RD DATED 10/11/2006 ISSUED BY THE 1ST RESPONDENT ADDRESSING THE 2ND RESPONDENT. EXT.P10: COPY OF THE COMMUNICATION NO.R.R.3-2477/06 DATED 07/12/2006 ISSUED BY THE 2ND RESPONDENT. EXT.P11: COPY OF THE COMMUNICATION NO.R.R.3/5715/2006 DATED 19/03/2007 ISSUED BY THE 2ND RESPONDENT. EXT.P12: COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN WRIT PETITION NO.14678/2009 DATED 20/01/2011. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs ANTONY DOMINIC, J. ================ W.P.(C) NO. 27314 OF 2011 ===================== Dated this the 17th day of October, 2011 J U D G M E N T Petitioner wants to sell his properties covered by Exts.P1 and P4 in favour of his buyer. His grievance is that the 6th respondent is refusing registration, demanding production of a no objection certificate from the revenue authorities. It is therefore the writ petition is filed. 2. The issue similar to what is raised by the petitioner is covered by several judgments of this court including Ext.P12, where it has been held that, in view of the principles laid down by this Court in Selvam v. State of Kerala (2010(1) KLT 508), the NOC of the revenue authorities cannot be insisted for registration of documents. Therefore, this writ petition is also disposed of directing that if the sale deeds to be presented by the petitioner are otherwise valid in law, without insisting on the production of any NOC from the Revenue authorities, the same shall be accepted for registration and dealt with accordingly. However, it is clarified that this judgment or the registration of the document as above WPC No. 27314/11 :2 : shall not be to the prejudice of the respondents if the property is liable to be proceeded against for any other valid reason. ANTONY DOMINIC, JUDGE Rp