IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 WP(C).No. 27616 of 2011(B) --------------------------------------- PETITIONER: ------------------- UNNI.M.C @ NELSON,S/O.CHELLAPPAN, MANALIVILAKATH HOUSE,DHONIGUNDU,GELLIPPARA P.O, AGALI,PALAKKADU,PIN- 678 581. BY ADVS. SRI.P.N.SANTHOSH, SMT.K.P.GEETHA MANI, SRI.MANSOOR.B.H. RESPONDENT: ---------------------- THE SUB-REGISTRAR,OFFICE OF THE AGALI SUB-REGISTRAR, MANNARKKADU, PALAKKAD DISTRICT,KERALA, PIN 678 581. BY GOVT. PLEADER SMT. MAYA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.27616/2011-B: APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1: A TRUE COPY OF THE DOCUMENT NO.2044/1995 DATED 12/12/1995 EXECUTED IN THE OFFICE OF THE FIRST RESPONDENT EXHIBIT P2: A TRUE COPY OF THE LAND TAX RECEIPT DATED 1/8/2011 IN RESPECT OF EXHIBIT P.1 PROPERTY EXHIBIT P3: A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 1/8/2011 IN RESPECT OF EXHIBIT P.1 PROPERTY. EXHIBIT P4: A TRUE COPY OF THE DOCUMENT DATED 29/8/2011 PREPARED AND PRESENTED FOR REGISTRATION BEFORE THE RESPONDENT EXHIBIT P5: A TRUE COPY OF THE COMMUNICATION DATED 29/8/2011 ISSUED TO THE PETITIONER BY THE RESPONDENT EXHIBIT P6: A TRUE COPY OF THE JUDGMENT DATED 29/8/2011 IN WPC NO.23239/2011 OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. ANTONY DOMINIC, J. ================ W.P.(C) NO. 27616 OF 2011 ===================== Dated this the 19th day of October, 2011 J U D G M E N T Petitioner submits that he is the owner of 34.41 ares of property in Sy.No.1650/part of Agali Village. According to him, he intends to sell the property, but however by Ext.P5, Sub Registrar has required him to submit the document along with an NOC from the revenue authorities. It is therefore the writ petition is filed. 2. In my view, the issue canvassed by the petitioner is squarely covered by the Division Bench judgment of this Court in Selvam v. State of Kerala (2010(1) KLT 508), which has been followed in several cases including in Ext.P6. Therefore, the writ petition is disposed of directing that irrespective of Ext.P5, if the document presented by the petitioner is otherwise valid in law, the same will be accepted and registered without insisting on the no objection certificate of the revenue authorities. However, it is clarified that such registration granted will not be to the prejudice of the respondent, if the property is otherwise liable to be proceeded against. ANTONY DOMINIC, JUDGE Rp