IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 WP(C).No. 18194 of 2010(Y) -------------------------- PETITIONER(S): --------------- PAARUKUTTY, AGED 55 YEARS, W/O. LATE KUMARAN, CHAKKAMKULANGARA HOUSE, ATHIKUNDU COLONY, KONDAZHI DESOM, KONDAZHI VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT(S): --------------- 1. THE TALUK LAND BOARD, THALAPPILLY TALUK, REPRESENTED BY THE TAHSILDAR, THALAPPILLY TALUK, THRISSUR DISTRICT. 2. THE SUB REGISTRAR, OFFICE OF THE SUB REGISTRAR, PAZHAYANNUR, THRISSUR DISTRICT. GOVT. PLEADER SRI. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 18194 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 14th day of June, 2010. J U D G M E N T The petitioner's husband was assigned 4 cents of land under the Land Assignment Rules on 22-7-1989. At the time of assignment, the Kerala Land Assignment Rules prescribed a ban on the alienation of property assigned for a period of three years. The petitioner's husband died on 18-2-2009. The petitioner now wants to sell the property since the petitioner is in financial difficulties. The petitioner presented Ext. P3 sale deed for registration in respect of the sale of the property. The petitioner submits that by endorsement produced as Ext. P3 (a), the 2nd respondent has refused to register the same, admittedly on the basis of the recent amendment to the Land Assignment Rules, wherein the ban on alienation has been enhanced to 25 years. According to the petitioner, the amendment is not applicable to the petitioner's property, since the amendment is only prospective as has been held by a learned Judge of this Court in Bhaskaran P.R. v. State of Kerala and another, ILR 2010 (2) Kerala 741. The petitioner therefore seeks a direction to the 2nd respondent to register Ext. P3 document without reference to the amendment. 2. I have heard the learned Government Pleader also. 3. The learned Government Pleader admits the fact that the Government has also issued a clarification dated 12-4-2010 clarifying that the amendment applies only to assignments made subsequent to the amendment. In the above circumstances the writ petition is disposed of with W.P.C. No. 18194/2010. -: 2 :- a direction to the 2nd respondent to accept the original of Ext. P3 document for registration and register the same, if the document is in order in all other respects except the question of bar as per the amendment. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.