IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 19TH SEPTEMBER 2011 / 28TH BHADRA 1933 WP(C).No. 24482 of 2011(I) --------------------------------------- PETITIONER(S): ------------------------ K.M.KHADER KUNJU,S/O.MYTHEEN,AGED 59 YEARS, KUTTIKKATTU CHALIL HOUSE,KDH VILLAGE, MUNNAR, IDUKKI DISTRICT. BY ADV. SRI.N.K.KARNIS RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY,SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. DISTRICT COLLECTOR,COLLECTORATE PAINAVU,IDUKKI DISTRICT 685 603. 3. REVENUE DIVISIONAL OFFICER, DEVIKULAM, IDUKKI DISTRICT - 685 613. 4. SUB REGISTRAR,SUB REGISTRAR OFFICE, DEVIKULAM, IDUKKI DISTRICT - 685 613. R1 TO R4 BY SR. GOVERNMENT PLEADER SMT. M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/09/2011 ALONG WITH WPC.NO.24491 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.24482/2011 I APPENDIX PETITIONER(S) EXHIBITS: EXHIBIT P1. TRUE COPY OF THE SALE DEED DATED 17.07.1998 OF DEVIKULAM SRO. EXHIBIT P2. TRUE COPY OF THE TAX RECEIPT. EXHIBIT P3. TRUE COPY OF THE NOC ISSUED BY THE TAHSILDAR, DEVIKULAM TO THE PETITIONER. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J .......................................... W.P.(C)s.24482 & 24491/2011 .......................................... Dated this the 19th day of September, 2011 JUDGMENT Petitioner in W.P.(C).24482/2011 is the owner of 15 cents of land in Survey No.62/28/A of KDB Village of Idukki District, which is proposed to be sold. Petitioner in W.P.(C).24491/2011 also submits that they are jointly in possession of 5 cents of land in Survey No.917/1 of Devikulam Taluk, which is also proposed to be sold. The grievance of the petitioners is that the concerned Sub Registrar will refuse to register the documents unless the NOC from the Revenue authorities are produced. It is aggrieved by the above, the writ petitions are filed. 2. Several cases of this nature have been disposed of by this Court directing registration of the documents provided the same are otherwise valid. Consistent with the above, this writ petition is also disposed of directing that if the sale deeds produced by the petitioners are otherwise valid, same shall be registered without insisting for production of NOC from the Revenue authorities. However, it is clarified that such registration shall be without prejudice to the right of the respondents to proceed W.P.(C).24482 & 24491/11 2 against the property, if the same are otherwise liable to be proceeded against. ANTONY DOMINIC, Judge mrcs