IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 WP(C).No. 30787 of 2011(W) -------------------------- PETITIONER(S): --------------- GEVARGHESE, S/O. P.D. SEBASTIAN, AGED 45 YEARS, PLATHOTTATHIL HOUSE, KOOTHUPARAKARA, VELLATHOOVAL VILLAGE, DEVIKULAM TALUK., IDUKKI DISTRICT. BY ADV. SRI.R.DIVAKARAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,THIRUVANANTHAPURAM PIN-695001. 2. DISTRICT COLLECTOR, COLLECTORATE, KUYILMALA, IDUKKI DISTRICT-685001. 3. ADDITIONAL TAHASILDAR, TALUK OFFICE, DEVIKULAM, IDUKKI DISTRICT-685613. 4. SUB REGISTRAR, OFFICE OF THE SUB REGISTRAR, DEVICOLAM, IDUKKI DISTRICT-685613. GOVT.PLEADER SRI.MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2011, ALONG WITH WPC NO.30794/11 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.30787/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1TRUE COPY OF THE SALE DEED NO.999/06 OF SRO, DEVICOLAM DATED 24/3/2006. EXT.P2TRUE COPY OF THE PWER OF ATTORNEY NO. 244/2005 OF SRO, DEVICOLAM DATED 10-10-2005. EXT.P3TRUE COPY OF THE PATTA NO. LA 197/96/B1. EXT.P4TRUE COPY OF THE LAND TAX RECEIPT DATED 9-3-96. EXT.P5TRUE COPY OF THE LAND TAX RECEIPT DATED 1-9-2011. EXT.P6TRUE COPY OF THE POSSESSION CERTIFICATE DATED 1-9-2011. EXT.P7TRUE COPY OF THE SALE AGREEMENT DATED 11-9-2011. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NOs. 30787 & 30794 OF 2011 ========================== Dated this the 18th day of November, 2011 J U D G M E N T Petitioner in WP(C) No.30787/11 claims to be the owner of 1 Acre 90 cents of land comprised in RS No.432/7 of Mankulam Village. Similarly, the petitioner in WP(C) No.30794/11 claims to be the owner of 19 ares and 22 sq.links of land in RS No.432/8 of the same village. They say that they want to sell the property and according to them, the Sub Registrar is refusing registration of the documents on the ground that the petitioners should produce NOC from the revenue authorities. It is complaining of the above, these writ petitions have been filed. 2. The issue similar to what is raised have already been considered by this Court in Selvam v. State of Kerala (2010(1) KLT 508) and the petitioners are entitled to succeed. Consistent with the above, these writ petitions are disposed of directing that it will be open to the petitioners to present their documents for registration, and it is ordered that, on such presentation, if the documents are otherwise valid in law, the same will be accepted by the Sub Registrar in accordance with WPC Nos. 30787 & 30794 OF 2011 :2 : law, without insisting on the petitioners producing NOC from the revenue authorities. However, it is clarified that the registration of the documents as above shall not be to the prejudice of the respondents, if the properties are liable to be proceeded against for any other valid reason. Sd/- ANTONY DOMINIC, JUDGE Rp //True Copy// PA to Judge