IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 WP(C).No. 3177 of 2010(V) ------------------------- PETITIONER(S): --------------- 1. K.KAMALAKSHI AGED 61 YEARS, W/O.RADHAKRISHNA KADAMBALITHYA, RESIDING NEAR DURGA HIGH SCHOOL, KANHANGAD PO, KASARGODE DISTRICT. 2. H.APARNA KAMATH, AGED 50 YEARS, W/O.ANANTHA KAMATH, RESIDING AT ANANTHA NIVAS, NITTADUKKAM PO, KASARGODE DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, CIVIL STATION, VIDYANAGAR PO, KASARGODE DISTRICT. 2. THE DISTRICT REGISTRAR, DEPARTMENT OF REGISTRATION, OFFICE AT CIVIL STATION, VIDYANAGAR PO, KASARGODE DISTRICT.. 3. THE SUB-REGISTRAR, RAJAPURAM DEPARTMENT OF REGISTRATION, RAJAPURAM PO, KASARGODE DISTRICT. GOVERNMENT PLEADER SHRI.K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 3177/2010 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE PATTA. P2. COPY OF THE NOTICE. P3. COPY OF THE ORDER. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 3177 of 2010 ================== Dated this the 4th day of June, 2010 J U D G M E N T The 1st petitioner is the owner of a property measuring 20 cents in Resurvey No.17/36-A3 of Bellur Village. The 1st petitioner obtained the property by virtue of Ext.P1 patta under the provisions of the Kerala Land Assignment Act. The 1st petitioner entered into an agreement for sale of the above property with the 2nd petitioner. According to the petitioners, the said deed was presented for registration before the 3rd respondent on 11.11.2009. However, by Ext.P3 order, the 3rd respondent refused to register the same on the ground that the property assigned under the Kerala Land Reforms Act cannot be alienated for a period of 25 years as per the amendment made to the rules recently. The contention of the petitioners is that that amendment cannot affect the 1st petitioner's property and his right to sell the same, insofar as the amendment is only prospective and the land was assigned to the 1st petitioner on 1.8.2005, at which time, the bar for alienation was only for 3 years. The petitioners rely on a decision of this Court in W.P.(C). No.33434/2009, wherein a learned Single Judge of this Court has held that amendment is not retrospective and therefore it will be applicable only to those subsequent to the amendment. w.p.c.3177/10 2 2. The learned Government Pleader submits that the Government has already clarified that said amendment is prospective and it will be applicable only to those assignments made subsequent to the amendment. 3. In the above circumstances, this writ petition is allowed. It is declared that the petitioners are entitled to have their sale deed registered if all other conditions for such registration are satisfied. Accordingly, the 1st petitioner shall re-present the sale deed for registration within a period of one month from today. Since the petitioners have already presented it for registration on 11.11.2009, no limitation is applicable as per the Registration Act. On such re-presentation, the 3rd respondent shall register the sale deed without raising any objection regarding limitation. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge