IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 WP(C).No. 20748 of 2008(T) -------------------------- OS.35/2008 of PRINCIPAL SUB COURT, NORTH PARAVUR .................... PETITIONER: ------------ BEENA, W/O. VARGHESE, VAZHELIPARAMBIL HOUSE, ANGAMALY KARA, ANGAMALY. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ SRI.ANOOP JOSEPH SRI.ABHILASH AKBAR SRI.T.B.SIVAPRASAD RESPONDENTS: ------------- LOUIS, PUTHEN VEEDU, ANGAMALY KARA, ANGAMALY. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.20748 of 2008 ------------------------------- Dated this the 14th July, 2008. J U D G M E N T This petition is filed under Article 227 of the Constitution of India for a direction to Sub Court, North Paravur, to communicate the order of attachment dated, 15.1.2008, in I.A.No.270 of 2008 in O.S.No.35 of 2008, to Sub Registrar, Aluva. Petitioner has not produced the order of attachment. Instead a photo copy of the served order on the respondent is produced, which does not show that there was an order of conditional attachment. 2. The argument of the learned counsel appearing for the petitioner is that without depositing the Tom Tom Charge, trial court will not communicate the order to Sub Registrar. Sub-section (5) of Section 89 of Registration Act, 1908, as it applies to Kerala, provides that every Court passing an order for attachment of immovable property or for release of any immovable property from attachment, shall send a copy of such decree or order together with a memorandum describing the property, as far as may be practicable, in W.P.(C) No.20748/2008 2 the manner required by Section 21, to the Registering Officer within the local limit of whose jurisdiction, the whole or any part of the immovable property comprised in such decree or order is situate, and such officer shall file the copy of memorandum in his Book No.1. As provided under sub-section (5) of Section 89, when an order of attachment of immovable property is made by the Court, even if it is an order of attachment before judgment, it shall be communicated to the Sub Registrar's office. If the petitioner complies with the Rules, and there is an order of conditional attachment, Sub Judge has to communicate the order. Petition is disposed accordingly. M.SASIDHARAN NAMBIAR, JUDGE nj.