IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 WP(C).No. 18327 of 2011(M) ---------------------------------- PETITIONER(S): ------------------- MRS.REJI BABU, AGED 40 YEARS, W/O.C.K.BABU, CHERUVAZHATHOTTAM HOUSE, KURISSUPARA P.O., ANAVIRATTI VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT. BY ADVS. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENT(S): --------------------- 1. STATE OF KERALA REP. BY SECRETARY, REVENUE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE INSPECTOR GENERAL OF REGISTRATION, THIRUVANANTHAPURAM-695 001. 3. THE DISTRICT REGISTRAR, IDUKKI CIVIL STATION, KUYILIMALA, IDUKKI DISTRICT-685 602. 4. THE DISTRICT COLLECTOR, IDUKKI, COLLECTORATE, KUYILIMALA, IDUKKI DISTRICT-685 602. 5. THE SUB REGISTRAR, RAJAKUMARI, IDUKKI DISTRICT - 685 602. BY GOVT. PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/07/2011, ALONG WITH WPC NO.19106/2011 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 18327/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE CIRCULAR NO.17262/D3/05/RD DATED 10/11/2006 ISSUED BY THE 1ST RESPONDENT. P2: COPY OF THE COMMUNICATION NO.RR3-2477/06 DATED 07/12/06 ISSUED BY THE 2ND RESPONDENT. P3: COPY OF THE COMMUNICATION NO.RR3-5715/2006 DATED 19/03/07 ISSUED BY THE 2ND RESPONDENT. P4: COPY OF THE JUDGMENT IN WPC NO.22299/09 DATED 16/09/2010 OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs P.R. RAMACHANDRA MENON, J. --------------------------------------------- WP (C) Nos. 18327, 18427, 19106 & 19135 of 2011 --------------------------------------------- Dated this the 19th day of July, 2011 JUDGMENT The grievance raised in all these writ petitions is similar and therefore dealt with together. 2. The issue involved is whether the registering authority who is bound to register the documents as per the relevant rules is justified in insisting for production of NOC from the Revenue Authorities in the concerned village of Idukki District. Learned counsel appearing for the petitioners submits that the said issue is squarely covered in favour of the petitioners as per the law laid down by a Division Bench of this Court in Selvam Vs. State of Kerala [2010(1)KLT 508]. 3. The factual position as above is fairly conceded by the learned Government Pleader as well. 4. In the said circumstance, this Court finds that the petitioners are entitled to succeed. The 4th respondent is directed to register the sale deeds to be executed and presented for registration; which shall be done forthwith, on presentation of the relevant deeds; subject to satisfaction of the statutory requirements in this regard. WP (C) Nos. 18327, 18427, 19106 & 19135 of 2011 2 It is made clear that the registration of the documents as above will not stand in the way of the revenue authorities in proceeding against the properties concerned in accordance with law, if any such cause of action is available for such step. All the above Writ Petitions are allowed. No cost. P.R. RAMACHANDRA MENON, JUDGE. rkc