IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932 WP(C).No. 14678 of 2009(D) ---------------------------------------- PETITIONER(S): ------------------------ K.E. PETER, S/O.ITOOP, KOCHERIL, MUNNAR, DISTRICT IDUKKI. BY ADV. SRI.K.REGHU KOTTAPPURAM RESPONDENT(S): -------------------------- 1. THE SUB REGISTRAR, SUB REGISTRY, DEVIKULAM, DISTRICT IDUKKI. 2. THE DISTRICT COLLECTOR, IDUKKI DISTRICT, KUYILIMALA, IDUKKI. 3. THE SUB COLLECTOR, DEVIKULAM TALUK, IDUKKI DISTRICT. 4. THE TAHASILDAR, DEVIKULAM TALUK, DISTRICT IDUKKI. 5. INSPECTOR GENERAL OF REGISTRATION, OFFICE OF THE INSPECTOR GENERAL OF REGISTRATION, THIRUVANANTHAPURAM. R1 TO R5 BY GOVT. PLEADER MR.M.P. SREEKRISHNA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/01/2011, ALONG WITH WPC NO. 27446 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C) NO. 14678/2009-D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SALE DEED NO.1296/81. EXT.P2: COPY OF THE LAND TAX RECEIPT DATED 20/05/2006. EXT.P3: COPY OF THE AGREEMENT OF GRANT DATED 11/07/1877 BY POONJAR CHIEF. EXT.P4: COPY OF THE RATIFICATION DEED DATED 28/11/1878. EXT.P5: COPY OF THE LETTER NO.RR 3-5715/06 DATED 19/03/2007 ISSUED BY 5TH RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) Nos.14678/09 & 27446/09 -------------------------------------------------- Dated this the 20th day of January, 2011 J U D G M E N T In these writ petitions petitioners challenge the Circular dated 19.3.2007 issued by the Inspector General of Registration insisting that, for registration of properties in Idukki District NOC obtained from the revenue authorities should be produced. 2. In the judgment in Selvom V State of Kerala (2010(1) KLT 508, this court had occasion to deal with this very question and it was held that in the absence of any provision in the Registration Act obliging production of any such certificate, Registration Department cannot insist on production of the NOC. However, it was clarified that the Revenue Officers will be at liberty to proceed against the property transferred, if it is found that the land belongs to Government or that the Patta allegedly obtained is bogus. 3. Now that the law has been declared by this court in the aforesaid judgment, this writ petition is disposed of clarifying that if the petitioners' present documents for registration, such documents will be accepted for registration without insisting on WPC.No. 14678/09 :2 : any NOC as directed in the circular referred to above. The documents shall be submitted for registration in accordance with law. It is clarified that it will be open to the revenue officials to proceed against the property transferred, if it is found that the same belongs to Government or that the Patta obtained is found to be bogus. Writ Petitions are disposed of as above. (ANTONY DOMINIC) JUDGE vi/