IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WP(C).No. 33980 of 2011(V) ------------------------------------ PETITIONER(S): --------------- 1. THANKAMMA, W/O. SEKHARAN, SHENTHIL HOUSE, OOTHUKUZHI, SHOLAYUR P.O., MANNARKKAD, PALAKKAD. 2. THANKAM, D/O. RAMANKUTTY, CHITTILANCHEERI HOUSE, OOTHUKUZHI, SHOLAYUR P.O., MANNARKKAD, PALAKKAD. BY ADVS. SRI.P.N.SANTHOSH SMT.K.P.GEETHA MANI RESPONDENT(S): --------------- THE SUB-REGISTRAR, OFFICE OF THE AGALI SUB-REGISTRAR, MANNARKKADU, PALAKKADU DISTRICT, KERALA, PIN-678581. BY Sr. GOVT. PLEADER SMT. M.J. RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dlk WP(C).No. 33980 of 2011(V) APPENDIX PETITIONER(S) EXHIBITS EXT.P1 A TRUE COPY OF THE DOCUMENT NO.901/1984 DATED 28.2.1984 EXECUTED IN FAVOUR OF THE FIRST PETITIONER IN THE OFFICE OF THE MANNARKAD SUB-REGISTRAR. EXT.P2 A TRUE COPY OF THE DOCUMENT NO.3697/1983 DATED 11.8.1983 EXECUTED IN FAVOUR OF THE SECOND PETITIONER IN THE OFFICE OF THE MANNARKAD SUB-REGISTRAR. EXT.P3 A TRUE COPY OF THE LAND TAX RECEIPT DATED 3.5.2011 IN RESPECT OF EXHIBIT P-1 PROPERTY. EXT.P4 A TRUE COPY OF THE LAND TAX RECEIPT DATED 3.5.2011 IN RESPECT OF EXHIBIT P2 PROPERTY. EXT.P5 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 3.5.2011 IN RESPECT OF EXHIBIT P-1. EXT.P6 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 3.5.2011 IN RESPECT OF EXHIBIT P-2 PROPERTY. EXT.P7 A TRUE COPY OF THE JUDGMENT DATED 18.10.2011 IN WPC.NO.27410/2011 OF THIS HON'BLE COURT. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE dlk ANTONY DOMINIC, J. --------------------------------------- W.P.(C) No. 33980 of 2011 ---------------------------------------- Dated this the 20th day of December, 2011 JUDGMENT Petitioners claim to be owners of property covered by Ext.P1 and P2. Their grievances is that the respondent is refusing registration of sale deed on the ground that the petitioner should produce NOC from the revenue authorities. 2. Issues similar to this have been considered by this Court on various occasion including the judgment in Selvam V. State of Kerala (2010(1) KLT 508). In that judgment it has been held that the authorities of registration department cannot demand production of NOC for registering sale deeds. Consistent with the above, this writ petition is also disposed of directing that, it will be open to the petitioners to present their sale deed before the respondent for registration, in which event the respondent will accept the same if it is otherwise valid, and register the same. W.P.C. No. 33980 OF 2011 -2- However, it is clarified that such registration shall not be to the prejudice of the authorities in the case the property is liable to be proceeded against for any other reason. ANTONY DOMINIC, JUDGE. Kp/-