IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 WP(C).No. 33122 of 2011(M) ----------------------- PETITIONER : --------------------- KAALAMMAL, W/O.MOOKKAYYA KAUDAR, VANNANTHARA, KOTTATHARA VILLAGE, AGALI, PALAKKADU, PIN 678 581 BY ADVS. SRI.P.N.SANTHOSH SMT.K.P.GEETHA MANI RESPONDENT : ---------------------- THE SUB-REGISTRAR, OFFICE OF THE AGALI SUB REGISTRAR, MANNARKKADU, PALAKKADU DISTRICT, KERALA PIN 678 581 BY SR. GOVT. PLEADER SMT. M.J. RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 33122 of 2011(M) APPENDIX PETITIONERS' EXHIBITS : EXT.P1A TRUE COPY OF THE DOCUMENT NO.4607/1968 DATED 23-12-1968 EXECUTED IN THE OFFICE OF THE SUB REGISTRAR,MANNARKKAD. EXT.P2A TRUE COPY OF THE LAND TAX RECEIPT DATED 20-08-2011 IN RESPECT OF EXHIBIT P-1 PROPERTY EXT.P3A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 20-08-2011 IN RESPECT OF EXHIBIT P-1 PROPERTY EXT.P4A TRUE COPY OF THE JUDGMENT DATED 18-10-2011 IN WPC NO.27410/2011 OF THIS HON'BLE COURT. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn ANTONY DOMINIC, J. --------------------------------------- W.P.(C) No. 33122 of 2011 ---------------------------------------- Dated this the 13th day of December, 2011 JUDGMENT Petitioner claims that he is the owner of 1.21 hectors of land covered by Ext.P1 title. He wants to sell the property. But the respondent refused registration on the ground that NOC from the Revenue Department should be produced. It is aggrieved by this, the writ petition is filed. 2. Issue similar what is arising in this writ petition, have been considered by this Court in the judgment in Selvam v. State of Kerala (2010 (1) KLT 508), which was followed in several cases. In this judgment this Court held that the respondent cannot insist on the production of NOC for registration of documents. 3. Consistent that, this writ petition is also disposed of directing that it will be open to the petitioner to produce the sale deed for registration before the respondent and that if W.P.C. No. 33122 OF 2011 -2- the document is otherwise valid, the same will be registered. It is clarified that the registration of document pursuant to this judgment shall not be to the prejudice of the authorities, if the property is otherwise liable to be proceeded against for any other reason. ANTONY DOMINIC, JUDGE. Kp/-