IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 WP(C).No. 34844 of 2011(E) ------------------------------------- PETITIONER(S): ----------------------- 1. R. KUPPUSAMY, S/O. RAMASAMY, AGED 85 YEARS, MUNNAR KARA, KANNAN DEVAN HILLS VILLAGE, DEVIKULAM TALUK, IDUKKI. 2. P. SUBRAMANIAN, S/O. PONMALAI PILLAI, AGED 63 YEARS, 16/1379, AARU MURI LANE, NALLA THANNI ROAD, MUNNAR KARA, KANNAN DEVAN HILLS VILLAGE, DEVIKULAM TALUK, IDUKKI. 3. M. PALANI SWAMI, S/O. MOOKAYYA, AGED 54 YEARS, 16/1380, AARU MURI LANE, NALLA THANNI ROAD, MUNNAR KARA, KANNAN DEVAN HILLS VILLAGE, DEVIKULAM TALUK, IDUKKI. BY ADVS. SRI.S.KANNAN SRI.THOMAS J.ANAKKALLUNKAL RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, KERALA GOVERNMENT SECRETRIAT, THIURVANANTHAPURAM-695 001. 2. THE REGISTRAR, SUB REGISTRAR OFFICE, DEVIKULAM, IDUKKI - 685 613 3. THE DISTRICT COLLECTOR, COLLECTORATE, IDUKKI - 685 601. 4. TAHSILDAR, DEVIKULAM TALUK, IDUKKI - 685 613. BY GOVERNMENT PLEADER SMT.M.J. RAJASREE (SENIOR) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VPV WPCNO.34844/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SALE DEED NO.379/1984 OF SRO DEVIKULAM DATED 31.01.1984. EXT.P2: COPY OF THE SALE AGREEMENT DATED 26.10.2007 ENTERED BETWEEN 1ST PETITIONER AND PETITIONER 2 AND 3. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE VPV ANTONY DOMINIC, J ....................................................... W.P.(C).34844/2011 .............................................. Dated this the 23rd day of December, 2011 JUDGMENT First petitioner is the owner of 10 cents of land covered by Ext.P1 sale deed and the land is proposed to be purchased by petitioners 2 and 3. The grievance in the writ petition is that the second respondent is refusing registration of sale deeds on the ground that NOC issued by the revenue authorities has not been produced. 2. Similar issue has been considered by this Court in the judgment in Selvam v. State of Kerala (2010 (1) KLT 508) where it was held that the registering authorities cannot demand NOC as a condition for registering sale deed. 3. Consistent with the above, this writ petition is also disposed of directing that it will be open to the first petitioner to present sale deed in respect of his property for registration before the second respondent in which event, documents will be accepted and dealt with, provided the same are otherwise valid in law. However, it is clarified that such registration of documents shall not be the W.P.(C).34844/11 2 prejudice of the authorities to proceed against the property if the same is liable for any other reason. ANTONY DOMINIC, Judge mrcs