IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 29TH JULY 2010 / 7TH SRAVANA 1932 WP(C).No. 21299 of 2010(J) -------------------------- PETITIONER(S): --------------- 1. UNNIKRISHNAN.K.K., S/O.KARAPPAN, AGED 49, KAVUNGAL HOUSE, EDAVANAKAD VILLAGE, ERNAKULAM DISTRICT, PIN-682 502. 2. YUSUF, S/O.ABDUL KHADER, AGED 61, SRAMBIYEKAL HOUSE, EDAVANAKAD VILLAGE, ERNAKULAM DISTRICT, PIN-682 502. 3. SAMJAD, S/O.YUSUF, AGED 48, SRAMBIYEKAL HOUSE, EDAVANAKAD VILLAGE, ERNAKULAM DISTRICT, PIN-682 502. BY ADV. SRI.K.I.ABDUL RASHEED SRI.K.A.SHAMSUDEEN SMT.SEEMA.E.GEORGE SRI.V.K.MEETHIANKUNJU RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DISTRICT COLLECTOR, ERNAKULAM, ERNAKULAM DISTRICT-682 030. 3. THE VILLAGE OFFICER, EDAVANAKAD, ERNAKULAM DISTRICT-682 502. 4. THE SUB REGISTRAR, KUZHUPILLY, ERNAKULAM DISTRICT-682 501. 5. THE GOSHREE ISLANDS DEVELOPMENT AUTHORITY, ERNAKULAM-682 011, REPRESENTED BY ITS SECRETARY. GOVERNMENT PLEADER, SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.21299/2010-J ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 29th day of July, 2010 J U D G M E N T The first petitioner is the purchaser and the second and third petitioners are vendors of the properties covered by Exts.P1 and P2. Ext.P5 is the agreement for sale executed by them. The grievance raised in this writ petition is that when they approached the Sub Registrar, it was informed that in view of the freezing of the area for the proposed Vypin Coastal Highway, the document cannot be registered. Ext.P3 is the communication from the District Collector to the Sub Registrar, Ernakulam stating that the transaction in respect of the land in Survey Nos. mentioned in the statement therein may be freezed in the light of the acquisition for the Vypin Coastal Highway. 2. This Court in a similar matter rendered Ext.P6 Judgment allowing the document to be registered although it was a partition deed. 3. The learned Government Pleader on getting instructions submitted that the petitioners have not presented the document for registration so far. 4. Even as on today, there is no notification under Section 4(1) of the Land Acquisition Act which fact is also recorded in Ext.P6 Judgment. In that view of the matter, W.P.(C). No.21299/2010 -:2:- the parties cannot be prevented from executing any sale deed. If at all there will be an acquisition, it will have to be proceeded in accordance with law. There will be a direction to the fourth respondent to register the sale deed of the petitioners, in accordance with the Rules, if the petitioners present the document for registration and the same is otherwise in order. This will not stand in the way of the authorities proceeding with the acquisition, if any, in accordance with law. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE