IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 WP(C).No. 5379 of 2010(V) ------------------------- PETITIONER(S): --------------- K.P.GEEVARGHESE, KAVIL PADAVIL COLONY, PARUMALA.P.O, PATHANAMTHITTA DISTRICT. BY ADV. SRI.VINOD J.DEV SRI.PRAMOD J.DEV RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUB REGISTRAR, OFFICE OF THE SUB REGISTRAR, PULIKKEEZHU, PATHANAMTHITTA DISTRICT. BY G.P.SRI.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ------------------------------------------ W.P(C) No.5379 OF 2010 ------------------------------------------ Dated this the 10th day of June, 2010 JUDGMENT By Ext.P1 patta dated 7.3.2001, 3 cents of property was assigned to the petitioner under the Kerala Land Assignment Rules. Petitioner wants to sell it now. Petitioner presented Ext.P3 sale deed for registration before the second respondent. The grievance of the petitioner in this writ petition is that the second respondent refused to register the same in view of the amendment of the Kerala Land Assignment Rules, whereby the bar on alienation of assigned properties are increased to 25 years from three years. The petitioner submits that that amendment cannot effect the right of the petitioner to sell the property in accordance with the rules as existing on the date when the property was assigned to the petitioner. He further submits that the amendment is not retrospective. It can apply only to assignments made after the amendment. He would rely on the judgment of a learned Single Judge of this Court in WP(C) No.33434 of 2009 and connected case in support of the contention. 2. I have heard the learned Government Pleader also. Learned Government Pleader submits that subsequent to the above judgment, the Government has also on 12.4.2010 issued a Government Order clarifying that the amendment is only prospective. That being so there W.P(C) No.5379 OF 2010 2 cannot be any difficulty for the second respondent to register the sale deed presented by the petitioner in respect of the property covered by Ext.P1. In the above circumstances, this writ petition is disposed of with the following directions: The petitioner shall re-present the sale deed for registration before the second respondent. On such re-presentation the second respondent shall consider registration of the same without reference to the objection raised by him earlier on the basis of the amendment to the Kerala Land Assignment Rules, provided the petitioner satisfies all other conditions for such registration. S.SIRI JAGAN, JUDGE cms