IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 WP(C).No. 30545 of 2011(P) ------------------------------------ PETITIONERS : ----------------------- M.M. MATHEW, S/O. MATHAI, AGED 61 YEARS, MADATHIKUNNEL, KATTAMAKARAYIL, NEZHOOR VILLAGE, VAIKKOM TALUK. BY ADV. SRI.R.DIVAKARAN RESPONDENTS : ------------------------ 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DISTRICT COLLECTOR, COLLECTORATE, KUYILMALA, IDUKKI DISTRICT, PIN - 685 001. 3. SUB COLLECTOR, DEVICOLAM, IDUKKI DISTRICT, PIN - 685 613. 4. SUB REGISTRAR, OFFICE OF THE SUB REGISTRAR, DEVICOLAM, IDUKKI DISTRICT, PIN - 685 613. R1 TO R4 BY GOVERNMENT PLEADER SRI. MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DSV/- WP(C).No. 30545 of 2011(P) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1- COPY OF THE SALE AGREEMENT. EXHIBIT P2- COPY OF THE PATTA PATTA ISSUED BY THE SPECIAL TAHASILDAR (L.A), DEVICOLAM DATED 13.03.1996. EXHIBIT P3- COPY OF THE ORDER OF ASSIGNMENT OF REGISTRY. EXHIBIT P4- COPY OF THE MAHAZAR OF THE PROPERTY PREPARED BY THE SPECIAL REVENUE INSPECTOR OF DEVICOLAM TALUK OFFICE DATED 19/02/1981. EXHIBIT P5- COPY OF THE SALE DEED NO.2039/2005 OF SRO, DEVICOLAM. EXHIBIT P6- COPY OF THE SALE DEED NO.2040/2005 OF SRO, DEVICOLAM. EXHIBIT P7- COPY OF THE SALE DEED NO.1002/1/2006 SRO, DEVICOLAM. RESPONDENTS' EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE DSV/- ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) Nos.30545 & 30562 of 2011 ``````````````````````````````````````````````````````````` Dated this the 16th day of November, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C) No.30545/2011 is filed by the petitioner who is desirous of purchasing 2 acres of property in Survey No.77/1 of Mankulam village. W.P.(C) No.30562/2011 is filed by the petitioner who is the owner of a property having an extent of 5 cents comprised in Survey No.917/1 of KDH village. 2. Grievance of the petitioners is that the Sub Registrar is refusing registration of the documents on the ground that the petitioners should have produced No Objection Certificate from the Revenue authorities. It is therefore these writ petitions are filed for appropriate orders. 3. In my view, this issue has already been considered by a Division Bench of this Court in the judgment in Selvam Vs. State of Kerala [2010 (1) KHC 581], wherein it has been held that such insistence is illegal. W.P.(C) No.30545&30562/2011 : 2 : 4. Consistent with the above, these writ petitions are disposed of directing that it will be open to the parties concerned to present documents concerning registration of the properties mentioned above, in which event, the Sub Registrar will accept the documents for registration and deal with the same, without insisting on NOC from the Revenue authorities. However, it is made clear that, if there is any other liabilities from the part of the petitioners, the registration effected as above shall not stand in the way of the respondents. Sd/- (ANTONY DOMINIC, JUDGE) aks/16/11 // True Copy // P.A. To Judge