IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 WP(C).No. 25835 of 2010(D) --------------------------------------- PETITIONER(S): ----------------------- VINOD BABY T.V., AGED 47 YEARS, S/O.LATE T.K.VARKEY, THAKIDYIL HOUSE, MALANKARA, NENMENI P.O., SULTHAN BATHERY, WAYANAD DISTRICT - PIN 673 592. BY ADV. SRI.V.G.ARUN SRI.JAIBY PAUL RESPONDENT(S): -------------------------- 1. THE INSPECTOR GENERAL OF REGISTRAR VANCHIYOOR P.O., THIRUVANANTHAPURAM PIN 695 012. 2. THE DISTRICT REGISTRAR, KALPATTA, WAYANAD DISTRICT PIN 673 121. 3. THE SUB REGISTRAR, SUB REGISTRAR OFFICE, SULTHAN BATHERY, WAYANAD DISTRICT PIN 673 592. 4. C.P.THANKAMMA, THAKIDYIL HOUSE, MALANKARA, NENMENI P.O., SULTHAN BATHERY, WAYANAD DISTRICT PIN 673 592. R1 TO R4 BY GOVERNMENT PLEADER SRI.T.K.ARAVINDKUMAR BABU R4 BY ADV. SRI.ALEX.M.SCARIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.25835/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE REGISTERED SALE DEED DATED 27/11/2003. P2 COPY OF THE LAND TAX RECEIPT FOR THE YEAR 2010-2011 DATED 12/4/2010. P3 COPY OF THE BUILDING TAX RECEIPT FOR THE YEAR 2010-2011 DATED 6/4/2010 P4 COPY OF THE RESIDENCE CERTIFICATE ISSUED BY THE NENMENI GRAMA PANCHAYAT DATED 6/4/2010. P5 COPY OF THE POSSESSION CERTIFICATE ISSUED FROM NENMENI VILLAGE DATED 22/3/2010. P6 COPY OF THE ENCUMBRANCE CERTIFICATE DATED 11/3/2010. P7 COPY OF THE REGISTRATION DEED SHOWING THE CANCELLATION OF FORMER DEED DATED 27/2/2010. P8 COPY OF THE DECREE IN O.S.NO.116 OF 2004 DATED 31/3/2009. P9 COPY OF THE JUDGMENT IN O.S.NO.116 OF 2004 DATED 31/3/2009. P10 COPY OF THE LETTER NO.58/2010 DATED 13/5/2010 ISSUED BY THE PUBLIC INFORMATION OFFICE (SUB REGISTRAR), SULTHAN BATHERY. P11 COPY OF THE INFORMATION ISSUED BY THE PUBLIC INFORMATION OFFICER (SUB REGISTRAR), SULTHAN BATHERY DATED 19/4/2010 ALONG WITH APPLICATION SUBMITTED BY THE PETITIONER UNDER RTI ACT. P12 COPY OF THE REPPRESENTATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 7/4/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.25835 OF 2010(D) -------------------------------------------------- Dated this the 28th day of January, 2011 J U D G M E N T Case of the petitioner is that though by Ext.P1 sale deed No.3291/2003 executed on 27th November, 2003, petitioner purchased the properties mentioned therein from the 4th respondent his mother. Subsequently, the 4th respondent unilaterally executed Ext.P7 document and registered the same as document NO.1179/2010, on 27.2.2010, canceling Ext.P1. It is challenging the above, the writ petition has been filed. 2. The issue raised in this writ petition is fully answered by this court in Noble John V. State of Kerala (2010(3) KLT 941), where it has been held that a document canceling a previous sale deed cannot be an unilateral one but an only be a bilateral one. Therefore, in the light of the principles laid down in the aforesaid judgment, the registration of Ext.P7 document is liable to be quashed. 3. Accordingly Ext.P7 document No.1179/2010 dated 27.2.2010 registered by the 3rd respondent is quashed and the 3rd respondent is directed to cancel or remove the sale deed from WPC.No. 25835/2010 :2 : the register maintained by him on the production of a copy of the judgment. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/