IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 WP(C).No. 26083 of 2011(I) -------------------------------------- PETITIONER(S): ------------------------ SANTHAKUMARI, W/O LATE HARIHARAN, AGED 70 YEARS,RESIDING AT PANDANCHERIL HOUSE, 200ACRE, MANNAMKANDAM. P.O, ADIMALY, IDUKKI DISTRICT. BY ADV. SRI.N.M.VARGHESE RESPONDENT(S): --------------------------- 1. STATE OF KERALA TO BE REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE INSPECTOR GENERAL OF REGISTRATION, THIRUVANANTHAPURAM-695 001. 3. THE DISTRICT REGISTRAR, IDUKKI, CIVIL STATION, KUYILIMALA, IDUKKI DISTRICT. 685 614. 4. THE DISTRICT COLLECTOR, IDUKKI, COLLECTORATE, KUYILIMALA, IDUKKI DISTRICT.685 614. 5. THE TAHSILDAR,DEVIKULUM TALUK, DEVIKULUM P.O, IDUKKI DISTRICT. PIN 685 613. 6. THE SUB REGISTRAR, DIVIKULUM, DEVIKULAM P.O.,PIN-685 613. R1 TO R6 BY SR. GOVERNMENT PLEADER SRI. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.26083/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF SALE DEED NO.417/2001 DTD. 7/02/2001 EXECUTED IN FAVOUR OF THE PETITIONER. P2: COPY OF BASIC TAX RECEIPT NUMBER 112776 DTD. 5/07/2004 ISSUED IN THE NAME OF THE PETITIONER. P3: COPY OF LATEST BUILDING TAX RECEIPT NUMBER 31 DTD. 19/04/2011 ISSUED IN THE NAME OF THE PETITIONER BY THE SECRETARY MUNNAR GRAMA PANCHAYATH. P4: COPY OF RELEVANT PAGES OF THE LAND BOARD AWARD. P5: COPY OF LETTER NO.17262/D3/05/RD DTD. 10/11/2006 ISSUED BY THE 1ST RESPONDENT ADDRESSING THE 2ND RESPONDENT. P6: COPY OF COMMUNICATION NO.R.R.3-2477/06 DTD. 7/12/2006 ISSUED BY THE 2ND RESPONDENT TO THE DISTRICT REGISTRAR, IDUKKI. P7: COPY OF COMMUNICATION NO.R.R.3/5715/2006 DTD. 19/03/2007 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT. P8: COPY OF APPLICATION DTD. 8/07/2011 SUBMITTED BY THE PETITIONER BEFORE THE SUB COLLECTOR, DEVIKULAM. P9: COPY OF REPORT NO.403/2011 DTD. 5/08/2011 OF THE VILLAGE OFFICER, SUBMITTED TO THE SUB COLECTOR, DEVIKULAM. P10: COPY OF JUDGMENT DTD. 20/01/2011 PASSED IN WRIT PETITION NO.14678/09 BY THIS HONOURABLE COURT. P11: COPY OF JUDGMENT DTD. 19/07/2011 PASSED IN WPC.NO.19106/2011K BY THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J ----------------------------------------- W.P(C) No. 26083 of 2011 ------------------------------------------ Dated this the 30th day of September , 2011. JUDGMENT Petitioner claims to be the owner of a property covered by Exhibit P1. According to her she wants to settle the said property in favour of her son. It is stated that even such a document will be refused to registered by the 6th respondent, and thus the petitioner produce no objection certificate from the revenue authority. It is therefore the writ petition is filed. 2. In the judgment in Selvom V. State of Kerala (2010 (1) KLT 508, this Court had occasion to deal with this very question and it was held that in the absence of any provision in the Registration Act obliging production of any such certificate, Registration Department cannot insist on production of the NOC. However, it was clarified that the Revenue Officers will be at liberty to proceed against the property transferred, if it is found that the land belongs to Government or that the Patta allegedly obtained is bogus. 3. Now that the law has been declared by this Court in the aforesaid judgment, this writ petition is disposed of clarifying that if the petitioner present document for registration, such W.P(C) No. 26083 of 2011 2 document will be accepted for registration without insisting on any NOC as directed in the circular referred to above. The document shall be submitted for registration in accordance with law. It is clarified that it will be open to the revenue officials to proceed against the property transferred, if it is found that the same belongs to Government or that the Patta obtained is found to be bogus. The writ petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE. Rkc //True copy// PA to Judge