IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 WP(C).No. 27970 of 2011(U) -------------------------- PETITIONER(S): ----------------------- JOSE BALAN, AGED 56, S/O.THANKAKANNU NADADR, PUTHEN PARAMBIL HOUSE, WAGAMON PO, PEERUMEDU TALUK, IDUKKI DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA REP BY THE SECRETARY TO THE GOVT REVENUE DEPARTMENT, GOVT SECRETARIAT THIRUVANANTHAPURAM 695 001. 2. THE REVENUE DIVISIONAL OFFICER PAINAVU PO, IDUKKI 685 601. 3. THE SUB REGISTRAR, PEERUMEDU, SUB REGISTRY, IDUKKI DISTRICT 685 601. SR.GOVT.PLEADER SMT.M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.27970/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1 A TRUE COPY OF THE UNREGISTERED SALE DEED EXECUTED BY THE PETITIONER DT.15.10.2011. EXT.P2 A TRUE COPY OF THE COMMUNICATION BY THE THIRD RESPONDENT DT.15.10.2011. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 27970 OF 2011 ===================== Dated this the 21st day of October, 2011 J U D G M E N T Petitioner submits that he is the owner of the property having an extent of 50 cents comprised in Sy.No.967 of Wagamon Village. According to him, he wants to sell the property and that the 3rd respondent is refusing to register the document on the ground that the petitioner should produce no objection certificate from the revenue authorities. It is in these circumstances, the writ petition has been filed. 2. In my view, the issue raised by the petitioner is fully covered in his favour by virtue of the Division Bench judgment of this Court in Selvam v. State of Kerala (2010(1) KLT 508). Therefore, petitioner is entitled to succeed. In that view of the matter, the writ petition is disposed of directing that, it will be open to the petitioner to present the sale deed for registration before the 3rd respondent along with a copy of this writ petition, in which event, the document will be accepted for registration, provided the same is valid in all other respects, and dealt with in accordance with law. It is also clarified WPC No. 27970/11 :2 : that the registration of the document as above will not be to the prejudice of the respondents if the property is liable to be proceeded against for any other reason. ANTONY DOMINIC, JUDGE Rp