IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 WP(C).No. 32309 of 2011(K) -------------------------------------- PETITIONER : ----------------------- DHANYA S., W/O. RETIRED MAJOR DR.JYOTHISH R.NAIR, KARTHIKA, RAVIPURAM,KOCHI-16. BY ADV. SRI.N.K.KARNIS RESPONDENTS : ------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. REVENUE DIVISIONAL OFFICER, DEVIKULAM, IDUKKI DISTRICT PIN - 685 613. 3. SUB REGISTRAR,SUB REGISTRAR OFFICE, DEVIKULAM, IDUKKI DISTRICT - 685 613. GOVERNMENT PLEADER SRI. MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DSV/- WP(C).No. 32309 of 2011(K) APPENDIX PETITIONER'S EXHIBITS : EXHIBIT P1. COPY OF THE SALE DEED DATED 12.12.2005 IN FAVOUR OF THE PETITIONER. EXHIBIT P2. COPY OF THE BUILDING PERMIT DATED 23.12.2005 ISSUED FROM THE MUNNAR GRAMA PANCHAYATH. EXHIBIT P3. COPY OF THE OWNERSHIP CERTIFICATE ISSUED BY THE SECRETARY OF MUNNAR GRAMA PANCHAYAT. EXHIBIT P4. COPY OF THE COMMUNICATION NO.C.23/2011 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 22.11.2011. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE DSV/- ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 32309 OF 2011 ----------------------------------------------------- Dated this the 3rd day of December, 2011 J U D G M E N T Petitioner says that she is the owner of 2.02 Ares of property comprised in Sy.No.607 part of KDH Village. According to the petitioner the 3rd respondent is refusing registration of sale deed in respect of the property on the ground that the petitioner should produce NOC issued by the Revenue Authorities. It is therefore this writ petition is filed. 2. Issues similar to what is urged by the petitioner have already been considered by the Division Bench decision of this court in Selvan v. State of Kerala (2010 (1) KLT 508) where it has been held that No Objection Certificate cannot be insisted as a condition precedent for registration of documents. In view of the said judgment, this writ petition is disposed of directing that it will be open to the petitioner to present the document for W.P.(C) No. 32309 OF 2011 :2 : registration, in which event the document will be accepted by the 3rd respondent, if it is otherwise valid in law. Thereupon, the document will be dealt with by the 3rd respondent for registration, without insisting for production of NOC from the Revenue Department. 3. However, it is clarified that registration of the document shall not be to the prejudice of the respondents, if the property is otherwise liable to be proceeded against for any other reason. The writ petition is disposed of accordingly. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge