IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 WP(C).No. 31358 of 2011(T) --------------------------------------- PETITIONER(S): ----------------------- THANKAMMAL, W/O. DHARMARAJ, AGED 70 YEARS, IX/1653, COLONY ROAD, MUNNAR. P.O, PIN - 685 612. 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 - 685 613. 6. THE SUB REGISTRAR, DEVIKULAM, DEVIKULAM. P.O, PIN - 685 613. BY GOVT. PLEADER SMT.M.J. RAJASREE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 31358 of 2011(T) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT-P1- TRUE COPY OF THE PATTA NO. LA 215/93/B4 DATED 29/01/1996. EXHIBIT-P2- TRUE COPY OF THE BASIC TAX RECEIPT NO. 3360308 DATED 14/10/2010 ISSUED BY THE VILLAGE OFFICER, IN THE NAME OF THE PETITIONER. EXHIBIT-P3- TRUE COPY OF THE CERTIFICATE ENCUMBRANCE NO.5025/2011 DATED 22/09/2011 ISSUED BY THE 6TH RESPONDENT SUB REGISTRAR. EXHIBIT-P4- TRUE COPY OF THE AGREEMENT TO SELL EXECUTED BY THE PETITIONER DATED 20/09/2011 EXHIBIT-P5- TRUE COPY OF THE LETTER NO.17262/D3/05/RD DATED 10/11/2006 ISSUED BY THE IST RESPONDENT. EXHIBIT-P6- TRUE COPY OF THE COMMUNICATION NO. R.R 3-2477/06 DATED 07/12/2006 ISSUED BY THE 2ND RESPONDENT. EXHIBIT-P7- TRUE COPY OF THE COMMUNICATION NO. R.R 3/5715/2006 DATED 19/03/2007 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT. EXHIBIT-P8- TRUE COPY OF THE JUDGMENT DATED 03/02/2011 PASSED BY THIS HONOURABLE COURT IN W.P(C) NO. 2578/2011-V. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 31358 OF 2011 ----------------------------------------------------- Dated this the 24th day of November, 2011 J U D G M E N T Petitioner claims to be the owner of a property having an extent of 4 cents comprised in Sy.No.912/KDH village. According to the petitioner he wants to sell the property and his complaint is that the 6th respondent is refusing to register on the ground that NOC issued by the revenue authorities should be produced. It is therefore this writ petition is filed. 2. The issues raised in this writ petition have already been considered in several cases including the Division Bench decision of this court in Selvan v. State of Kerala (2010 (1) KLT 508) where it has been held that Registrars should not insist for the production of No Objection Certificate for registration purposes. In view of the said judgment the petitioner is entitled to get that benefit. W.P.(C) No. 31358 OF 2011 :2 : 3. Hence I dispose of the writ petition leaving it open to the petitioner to produce the document for registration concerning his property before the Registrar and that on such production, if the document is otherwise valid the 6th respondent will accept and deal with the same. 4. However it is clarified that registration of the document will not stand in the way of the respondents, from proceeding against the property in question if the property is otherwise liable to be proceeded against. The writ petition is disposed of accordingly. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge