IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 WP(C).No. 19462 of 2011(G) -------------------------------------- PETITIONER: ------------------- MATHAI PAILY,S/O.PAILY,AGED 49 YEARS, KOTTICKAL,MUTTUKAD KARA, BISON VALLY P.O, CHINNACKANAL VILLAGE,UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.LATHEESH SEBASTIAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA,REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,THIRUVANANTHAPURAM – 695 001. 2. DISTRICT COLLECTOR, COLLECTORATE, PAINAVU,IDUKKI DISTRICT – 685 603. 3. REVENUE DIVISIONAL OFFICER, DEVIKULAM,IDUKKI DISTRICT – 685 613. 4. SUB REGISTRAR,SUB REGISTRAR OFFICE, RAJAKUMARY,IDUKKI DISTRICT – 685 619. R1 TO R4 BY GOVT. PLEADER SRI. HANIL KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2011, ALONG WITH W.P.(C).NO.19467/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.19462/2011-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SALE DEED BEARING NO.942/1/88 OF RAJAKUMARY S.R.O. EXT.P.2: COPY OF THE TAX RECEIPT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) Nos. 19462 & 19467 OF 2011 ----------------------------------------------------- Dated this the 20th day of July, 2011 J U D G M E N T Petitioner in WPC 19462/11 submits that he wants to alienate his one acre of property situated in Sy.No.116/1 of Chinnackanal Village and that the 4th respondent is insisting for the production of NOC from the Revenue Authorities for registration of the property. Similarly, the petitioner in WPC 19467/11 submits that he is prevented from executing the sale deed in respect of 2.25 cents of property situated in Sy.No.20/1 of Chinnackanal Village on the ground that he is not producing NOC as stated above. 2. It is in this aforesaid circumstances this writ petition has been filed seeking a direction to the respondent, Sub Registrar not to insist for the NOC from the Revenue Authorities for registering the sale deeds pertaining to the aforesaid properties. W.P.(C) Nos. 19462 & 19467 OF 2011 :2 : 3. In my view the issue raised by the petitioners has been answered in their favour as per a Division Bench decision reported in Selvam v. State of Kerala (2010 (1) KLT 508). In that view of the matter this writ petition is disposed of with the following directions. 4. If the petitioners present for registration sale deeds pertaining to the aforesaid properties and if those sale deeds are valid in all other respects, the same will be registered by the 4th respondent, without insisting on production of NOC from the Revenue Authorities. It is clarified that such registration will not in any way affect any proceedings against the properties, if such proceedings are otherwise valid in law. The writ petitions are disposed of as above. ANTONY DOMINIC, JUDGE ul/-