IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 WP(C).No. 3182 of 2008(D) -------------------------------------- PETITIONER(S): ------------------------- 1. MAHALINGAM, S/O.BALAIAH, AGED 37 YEARS, THEVAR ILLAM, KAINAKIRI KARA, MANKULAM, IDUKKI DISTRICT. 2. KALAI SELVI, W/O.MAHALINGAM, AGED 36 YEARS, THEVAR ILLAM, KAINAKIRI KARA, MANKULAM, IDUKKI DISTRICT. BY ADV. SRI.N.M.VARGHESE SRI.ROY THOMAS RESPONDENT(S): --------------------------- 1. STATE OF KERALA TO BE REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE INSPECTOR GENERAL OF REGISTRATION, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR (HOLDING CHARGE OF DISTRICT REGISTRAR) IDUKKI, COLLECTORATE, KUYILIMALA, IDUKKI. 4. THE SUB REGISTRAR, DEVIKULAM, IDUKKI DISTRICT. GOVERNMENT PLEADER SMT. M.R.SREELATHA FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.3182/2008 D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF PATTA NO.426 DTD. 2/09/1980 ISSUED BY THE TAHSILDAR DEVIKULAM IN FAVOUR OF V.MARIMUTHU. EXT.P2: COPY OF BASIC TAX RECEIPT NO.72 DTD. 1/12/1999 IN THANDAPER ACCOUNT NO.400 ISSUED BY THE VILLAGE OFFICER MANKULAM VILLAGE IN THE NAME OF THE V.MARIMUTHU. EXT.P3: COPY OF SALE DEED NO.2864/1999 DTD. 19/11/1999 OF THE SUB REGISTRAR OFFICE, DEVIKULAM EXECUTED IN FAVOUR OF MAHAVEER CHAND SINGVI. EXT.P4: COPY OF BASIC TAX RECEIPT NO.75 DTD. 12/01/2001 IN THANDAPER NO.1238 ISSUED BY THE VILLAGE OFFICER MANKULAM VILLAGE IN THE NAME OF MAHAVEER CHAND SINGVI. EXT.P5: COPY OF SALE DEED NO.1106/2005 DTD. 15/03/2005 OF THE SUB REGISTRAR OFFICE, DEVIKULAM EXECUTED IN FAVOUR OF THE PETITIONERS. EXT.P6: COPY OF BASIC TAX RECEIPT NO.785131 DTD. 2/05/2007 IN THANDAPER ACCOUNT NO.49 ISSUED BY THE VILLAGE OFFICER MANKULAM VILLAGE IN THE NAME OF THE PETITIONERS. EXT.P7: COPY OF AGREEMENT TO SALE EXECUTED BY THE PETITIONERS IN THE NAME OF DR.XAVIER JOHN DTD. 26/12/2006. EXT.P8: COPY OF REPRESENTATION SUBMITTTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT WITH COPY TO THE 2ND RESPONDENT DTD. 3/12/2007. EXT.P9: COPY OF GOVERNMENT ORDER NO.17262/D3/05/RD DTD. 10/11/2006 ISSUED BY THE 1ST RESPONDENT. EXT.P10: COPY OF LETTER NO.R.R.3-2477/2006 DTD. 7/12/2006 ISSUED BY THE 2ND RESPONDENT INSPECTOR GENERAL OF REGISTRATION. EXT.P11: COPY OF ORDER NO.R.R.3-5715/2006 ISSUED BY THE 2ND RESPONDENT DTD. 19/03/2007. RESPONDENT'S EXHIBITS: EXT.R2(A): GOVERNMENT DECISION DTD. 10/11/2006. EXT.R2(B): GOVERNMENT DECISION TO THE SUBORDINATE OFFICERS VIDE OFFICE LETTER NO.RR3.2477/2006 DTD. 7/12/2006 AND THROUGH LETTER NO.RR3-5715/2006 DTD. 19/03/2007. /TRUE COPY/ Kss P.A.TO JUDGE ANTONY DOMINIC,J. ----------------------- W.P.(C).No.3182 OF 2008 ------------------------ Dated this the 28th day of January, 2009. JUDGMENT Ext.P1 is a Patta issued in favour of one V. Marimuthu, covering an area of one hector of land in survey NO.75/1 of Mankulam village and Ext.P2 is the tax receipt evidencing payment of tax in respect of the aforesaid plot of land. Petitioners submit that Sri. Marimuthu alienated the property by Ext.P3 sale deed in favour of one Mahaveer Chand Singvi who in turn sold the property to the petitioners as per Ext.P5 sale deed dated 15.3.2005. According to the petitioners, they also want to alienate the property, pursuant to Ext.P7 agreement for sale of the property. It is stated that the petitioners approached the 4th respondent and that the 4th respondent demanded that a no objection certificate should be produced from the 3rd respondent for registering the document. It is on account WP(c).No.3182/08 2 of this the writ petition is filed praying that appropriate directions should be issued for the registration of the document executed in pursuance to Ext.P7 agreement of sale. 2. Petitioner has produced certain additional documents as Exts.P9, P10 and P11. Ext.P9 is an order issued by the first respondent, requiring the 2nd respondent to issue instructions to his subordinates including the 4th respondent to ascertain the genuineness of the document of title on the basis of which properties are alienated and that documents should be registered only on confirmation in this regard is obtained from the revenue officials. It would appear from Ext.P10 that the directions contained in Ext.P9 has been communicated by the 2nd respondent to his subordinates. However, by Ext.P11 order issued by the 2nd respondent to the District Registrar, Idukki, it would appear that the executant of the document should be called upon to produce the non objection certificate from the District Collector, before any document is registered. Therefore, the stand of the 4th respondent not to register any WP(c).No.3182/08 3 document of title in the absence of NOC from the District Collector is obviously because of Ext.P11 order issued by the 2nd respondent. 3. Admittedly, the land in question is situated in Mankulam Village in Idukki District and therefore comes within the scope of Ext.P11 order. If that be so, the option available to the petitioner is to approach the 3rd respondent, requesting for non objection certificate in order to get the sale deed concerning the property mentioned in Ext.P7 agreement for sale, registered. In these circumstances, the writ petition is disposed of directing that it will be open to the petitioners to approach the 3rd respondent with an appropriate representation requesting for his NOC for executing sale deed, of the one hector of land comprised in survey No.75/1 of Mankulam village covered by Exts.P1 to P3 and P7 and to get it registered by the 4th respondent. It is directed that if the petitioners file such an application, the 3rd respondent shall consider the WP(c).No.3182/08 4 same as expeditiously as possible. It is directed that the enquiry shall be conducted and final orders shall be passed as expeditiously as possible and at any rate within 4 weeks from the date of production of a copy of the judgment. (ANTONY DOMINIC) JUDGE vi/