IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 WP(C).No. 36398 of 2010(Y) --------------------------------- PETITIONER(S): ------------------- S.ANAND, S/O.SUBRAMANYA PILLAI, 40 YEARS, RESIDING AT 9/430, HEMABIKA NAGAR, KALLEKULANGARA, PALAKKAD POIN 678 009. BY ADVS. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT(S): -------------------- 1. THE DISTRICT REGISTRAR, PALAKKAD PIN 678 009. 2. SUB REGISTRAR, OLAVAKKAD,PALAKKAD PIN 678 009. 3. SANTHA, W/O. LATE VELAYUDHAN 55 YEARS PALAKKAL HOUSE,THOMAS NAGAR, KALLEKULANGARA, PALAKKAD PIN 678 009. R1 & R2 BY GOVT.PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 36398 of 2010 Y ``````````````````````````````````````````````````````` Dated this the 7th day of December, 2010 J U D G M E N T According to the petitioner, he entered into an agreement with the third respondent for the purchase of 6 cents of land. He paid the entire sale consideration and it is stated that the third respondent signed Ext.P3 sale deed and handed over to the petitioner for taking further action for its registration. It is stated that though the third respondent came to the office of the second respondent for registration, he refused to get the same registered. It is in these circumstances, contending that the second respondent is bound to invoke his powers under Section 36 of the Registration Act, 1908 and register the document, this writ petition has been filed. 2. Section 36 of the Act provides procedure where appearance of executant or witness is desired. As per this Section, the Registering officer cannot compel the Vendor of a W.P.(C) No.36398/10 : 2 : property to register or execute a document and the remedy of the petitioner is to approach the civil court for the relief sought for. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge