IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 1ST FEBRUARY 2010 / 12TH MAGHA 1931 WP(C).No. 3430 of 2008(G) ------------------------------------- PETITIONER(S): ---------------------- UNNI KANIANTHARA, KANIANTHARA HOUSE, KUZHUPILLY VILLAGE, COCHIN TALUK. BY ADV. MR.S.VIDYASAGAR RESPONDENT(S): ------------------------ SUB REGISTRAR, KUZHUPPILLY, SUB REGISTRAR'S OFFICE, KUZHUPILLY. BY GOVERNMENT PLEADER MR.ARAVINDA KUMAR BABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 3430/2008-G APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE POER OF ATTORNEY NUMBER 342 OF 2006 OF KUZHUPILLY SRO. EXT.P2: COPY OF THE POWER OF ATTORNEY NUMBER 363 OF 2006 OF KUZHUPILLY SRO. EXT.P3: COPY OF THE SKETCH SHOWING THE DTAILS OF WET LANDS AND DRY LANDS. EXT.P4: COPY OF THE SKETCH & PLAN PREPARED BY THE VILLAGE OFFICER, KUZHUPILLY. RESPONDENT'S EXHIBITS: EXT.R1: COPY OF THE PROCEEDINGS NO.S-4/47/06 DATED 26/08/2006 OF THE RE-SURVEY, SUPERINTENDENT, ERNAKULAM. //TRUE COPY// P.S. TO JUDGE rs. THOTTATHIL B.RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.3430 of 2008-G = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 1st day of February, 2010. Judgment The petitioner executed a sale deed for registration. The registering authority refused to register the document on the assumption that lands are sought to be acquired for the Vypeen Munambam 30 metres GIDA road. Unless there are clear interdicting statutory provisions as a result of statutory notifications under the Land Acquisition Act or otherwise, there cannot be any refusal to register documents. The mere registration of the documents does not affect the rights of the requisitioning authority or the acquiring authority since even for fixing compensation the value that would be applicable would be fixed on the relevant dates in terms of the Land Acquisition Act. At any rate, no notification having been issued even as of now and as the proposal for acquisition still WPC3430/08 -: 2 :- remains, the citizens cannot be prohibited from entering into transactions in relation to the lands. The registering authority in terms of the Registration Act does not have the power to withhold any document from being registered on the ground that the land is proposed to be acquired. In the aforesaid circumstances, this writ petition is allowed directing the respondent to register the document in question. It is clarified that this will be without prejudice to the rights of the Government or any acquiring authority in connection with any acquisition and such registration would not, in any manner, improve the quality of the title to the property except as is settled by the relevant provisions of law. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/0202