IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WP(C).No. 29035 of 2011(D) -------------------------- PETITIONER(S): --------------------- C.A.JAFFER SADIQUE,AGED 45 YEARS, S/O.ABOOBACKER, VP 15/215,KOOTTEKALLIL HOUSE, VADAKKEKATTIL, KALLOOR DESOM,KALLOOR PO, VADAKKEKKAD VILLAGE,CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENT(S): ----------------------- 1. THE SUB-REGISTRAR,PAZHAYANNUR, OFFICE OF SUB -REGISTRAR, PAZHAYANNUR PO, TALAPPILLY TALUK,THRISSUR DISTRICT 680 587. 2. VILLAGE OFFICER, THIRUVILLWAMALA, VILLAGE OFFICE, THIRUVILLWAMALA PO, THRISSUR DISTRICT. GOVT.PLEADER SRI.MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.29035/11 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1 TRUE PHOTOCOPY OF THE DOCUMENT NUMBER 474/2004 OF PAZHAYANNUR SUB-REGISTRAR OFFICER EXHIBIT P2 TRUE PHOTOCOPY OF THE DOCUMENT NUMBER 475/2004 OF PAZHAYANNOOR SUB -REGISTRAR OFFICER EXHIBIT P3 TRUE PHOTOCOPY OF THE RECEIPT FOR PAYMENT OF TAX DATED 19/7/2011 ISSUED BY VILLAGE OFFICER,THIRUVILLWAMALA FOR THE ENTIRE PROPERTY COVERED IN EXHIBITS P1 AND P2 EXHIBIT P4 TRUE PHOTOCOPY OF THE POSSESSIION CERTIFICATE DATED 10/10/2011 EXHIBIT P5 TRUE PHOTOCOPY OF THE NON-ATTACHMENT CERTIFICATE DATED 23/5/2006 ISSUED BY THE TAHASILDAR,THALAPPILLY TALUK REGARDING THE PROPERTY COVERED BY EXHIBITS P1 AND P2 EXHIBIT P6 TRUE PHOTOCOPY OF THE LOCATION CERTIFICATE ISSUED BY VILLAGE OFFICER ON 10/10/2011 EXHIBIT P7 TRUE PHOTOCOPY OF THE LOCATION SKETCH DATED 10/10/2011 EXHIBIT P8 TRUE PHOTOCOPY OF THE SALE DEED EXECUTED ON 22/10/2011 EXHIBIT P9 TRUE PHOTOCOPY OF THE LETTER DATED 27/10/2011 ISSUED BY IST RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 29035 OF 2011 ===================== Dated this the 9th day of November, 2011 J U D G M E N T Petitioner claims to be the owner of properties situated in Sy.Nos.74/Part, 75, 76/3 and 77/Part of Thiruvillwamala Village of Thalapilly Taluk. It is stated that the petitioner wants to sell the property and presented Ext.P8 sale deed for registration in favour of the purchasers therein. However, the 1st respondent issued Ext.P9 stating that in view of the pendency of a proposal for declaring some of the properties as ecologically fragile land, the certificate of the revenue authorities that the properties are not covered by the proposal should be produced for registration. It is on receipt of Ext.P9, this writ petition is filed challenging inter alia that the said proposal does not cover the petitioner's property and that, even if there is any such proposal, the same cannot prevent registration of the document as sought for by the petitioner. 2. Learned Government Pleader has obtained instructions in the matter. According to the learned Government Pleader, as mentioned in Ext.P9, a proposal for declaration of the properties WPC No. 29035/11 :2 : mentioned therein as ecologically fragile land is pending and that in view of the pendency of the said proposal, Forest Range Officer concerned has ordered not to register the document in the absence of a document to the above effect. 3. Obviously, from the submissions made by both sides, it is clear that, as at present, there is no notification declaring even the properties mentioned in Ext.P9 as ecologically fragile land. Therefore, so long as there is no such notification, petitioner is entitled to enjoy the property as it is, and if so, the pendency of the proposal to declare the properties could not have prevented the 1st respondent from registering the document concerning the properties in question. In that view of the matter, I dispose of this writ petition directing that, it will be open to the petitioner to produce the original of Ext.P8 before the 1st respondent, and thereupon, if the document is otherwise valid, 1st respondent shall accept it for registration and deal with the same in accordance with law. ANTONY DOMINIC, JUDGE Rp