IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 WP(C).No. 30665 of 2011(G) -------------------------- PETITIONER(S): ---------------------- SARAVANATHAI @ BALASARASWATHY, W/O.S.MUNIASWAMY,AGED 42 YEARS,NAGARMUDI DIVISION, SEVEN MALA,MUNNAR.P.O,IDUKKI DISTRICT, PIN-685612. BY ADV. SRI.N.M.VARGHESE RESPONDENT(S): ------------------------ 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY,REVENUE DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. 2. THE INSPECTOR GENERAL OF REGISTRATION, THIRUVANANTHAPURAM. 3. THE DISTRICT REGISTRAR,IDUKKI, CIVIL STATION,KUYILIMALA,IDUKKI DISTRICT. 4. THE DISTRICT COLLECTOR,IDUKKI, COLLECTORATE,KUYILIMALA,IDUKKI DISTRICT. 5. THE TAHSILDAR,DEVIKULAM TALUK, DEVIKULAM.P.O,IDUKKI DISTRICT,PIN-685613. 6. THE SUB REGISTRAR,DEVIKULAM,DEVIKULAM.PO PIN-685613. GOVT.PLEADER SMT.SUSHEELA R.BHATT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2011, ALONG WITH WPC NO.30666 & 30667/11, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.30665/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: A PHOTOCOPY OF SALE DEED NO.1-789/05 DT 5.3.05 EXECUTD AT THE OFFICE OF THE 6TH RESPONDENT SUB REGISTRAR IN FAVOUR OF THE PETITIONER. EXT.P2: A PHOTOCOPY OF BASIC TAX RECEIPT NO.5477992 DATED 5.8.11 IN THANDAPER NUMBER 715 ISSUED BY THE VILLAGE OFFICER, KANNAN DEVAN HILLS VILLAGE IN THE NAME OF THE PETITIONER. EXT.P3: A PHOTOCOPY OF SALE AGREEMENT DATED 22.8.11 EXECUTED BY THE PETITIONER IN THE NAME OF THE PROSPECTIVE BUYER. EXT.P4: A PHOTOCOPY OF LETTER NO.17262/D3/05/RD DATED 10.11.2006 ISSUED BY THE 1ST RESPONDENT ADDRESSING THE 2ND RESPONDENT. EXT.P5: A PHOTOCOPY OF THE COMMUNICATION NO.R.R.3-2477/06 DT 7.12.06 ISSUED BY THE 2ND RESPONDENT TO THE DISTRICT REGISTRAR, IDUKKI. EXT.P6: A PHOTOCOPY OF COMMUNICATION NO.R.R.3/5715/2006 DATED 19.3.2007 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT. EXT.P7: A PHOTOOPY OF JUDGMENT DATED 3.2.11 PASSED BY THIS HON'BLE COURT IN WPC NO.2578/11-V. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NOs. 30665, 30666 & 30667 OF 2011 ===================== Dated this the 17th day of November, 2011 J U D G M E N T Petitioner in WP(C) No. 30665/11 claims to be the owner of 4 cents of property comprised in Sy.No.912/Part of KDH Village. Petitioner in WP(C) No. 30666/11 claims to be the owner of 0.097 Ares in Sy.No.62/3A of the same village. Similarly, the petitioner in WP(C) No. 30667/11 claims to be the owner of 4 cents of property comprised in Sy.No.912/Part of KDH Village. 2. According to the petitioners, they want to sell the properties. However, the Sub Registrar is refusing to accept the sale deeds for registration on the ground that the petitioners have not produced NOC from the revenue authorities. It is aggrieved by the aforesaid alleged refusal, these writ petitions have been filed for appropriate orders. 3. Issues similar to these have been considered by the Division Bench of this Court in Selvam v. State of Kerala (2010 (1) KLT 508), where it has been held that the NOC of the revenue authorities cannot be insisted for registration of sale deeds. In the WPC Nos. 30665, 30666 & 30667 OF 2011 :2 : light of the said judgment, the petitioners are entitled to an order for registration of their documents. Therefore, these writ petitions are disposed of directing that it will be open to the petitioners to present their documents of sale for registration before the 6th respondent, and if the documents are so presented, the 6th respondent shall accept the documents and deal with the same in accordance with law without insisting on the petitioners producing NOC from the revenue authorities. However, it is clarified that the registration of the documents as above shall not be to the prejudice of the respondents, if the properties are liable to be proceeded against for any other valid reason. Sd/- ANTONY DOMINIC, JUDGE Rp //True Copy// PA to Judge