IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WP(C).No. 33267 of 2009(C) -------------------------- PETITIONER(S): --------------- JOSEPH, S/O. KORA UTHUPPU, PULAYANKATTIL HOUSE, MANKULAM KARA, MANKULAM VILLAGE, DEVIKULAM TALUK. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP.BY ITS SECRETARY, DEPARTMENT OF REGISTRATIONS, GOVT SECRETARIAT, THIRUVANANTHAPURAM. 2. INSPECTOR GENERAL OF REGISTRATION (KERALA), THIRUVANANTHAPURAM. 3. THE DIST COLLECTOR IDUKKI. 4. THE DISTRICT REGISTRAR, IDUKKI. 5. THE SUB REGISTRAR, DEVIKULAM. BY GP M.P.SREEKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ------------------- W.P.(C).33267/2009 -------------------- Dated this the 14th day of December, 2009 JUDGMENT The petitioner who has purchased a parcel of land, has filed this writ petition for a direction to the Sub Registrar, Devikulam, to register the original of Ext.P1 sale deed without insisting on production of a No Objection Certificate from the District Collector. The petitioner contends that as the vendor was holding the property under a valid registered sale deed after successive transfers, the respondents cannot insist that he should produce a No Objection Certificate from the revenue authorities for the purpose of registering the original of Ext.P1 sale deed. 2. Sri.M.P.Sreekrishnan, the learned Government Pleader appearing for the respondents submits on instructions that in view of a large number of bogus pattayams in Kannandevan Hills Village in Idukki District, the Government had directed the Registration Department to insist on production of a No Objection Certificate from the revenue officers before registering instruments relating to lands assigned by the Government under the provisions of W.P.(C).33267/09 2 the Kerala Government Land Assignment Act. He submits that it is only with a view to ascertain whether the predecessor-in-interest of the vendor has clear and marketable title and whether the land sought to be conveyed is Government land that the Government have issued the said direction. The learned Government Pleader also submits that if the petitioner applies to the Tahsildar concerned for a No Objection Certificate, the Tahsildar will consider the application and if found eligible issue a No Objection Certificate to the petitioner at the earliest. 3. Ext.P1 is dated 22.10.2009. Under Section 23 of the Registration Act, 1908, the original of Ext.P1 sale deed will have to be presented for registration within four months from the date of execution. The said period will expire on 21.2.2010. In such circumstances, I dispose of this writ petition with a direction that in the event of the petitioner submitting an application for a No Objection Certificate for the purpose of registering the original of Ext.P1 to the Tahsildar, Devikulam Taluk, the said Officer shall examine the same, conduct the necessary enquiry and pass orders W.P.(C).33267/09 3 thereon granting or refusing a No Objection Certificate within one month from the date of receipt of the application. If after examining the revenue records the Tahsildar is satisfied that the petitioner's vendor has clear and marketable title over the land sought to be conveyed under Ext.P1, issue a No Objection Certificate to the petitioner. Upon the petitioner and his vendor presenting the original of Ext.P1 after obtaining such a certificate, the Sub Registrar, Devikulam, shall register the same if the document is otherwise in order. P.N.RAVINDRAN, Judge mrcs