IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 25TH MAY 2011 / 4TH JYAISHTA 1933 WP(C).No. 35973 of 2007(G) ------------------------ PETITIONER : --------------------- RAMANUNNY, AGED 56 YEARS, S/O PARAMESWARAN NAMBOODIRI, MATHIYATH MANA, PUTHENCHIRA, THRISSUR DIST. BY ADVS. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT(S): ------------------------- 1. SUB REGISTRAR, REGISTRAR OFFICE, IRINJALAKUDA. 2. THE DISTRICT COLLECTOR, THRISSUR. 3. THE DISTRICT REGISTRAR, THRISSUR. R1 TO R3 BY GOVERNMENT PLEADER SRI. SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 35973 of 2007(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE SALE DEED DATED 16.1.1991. EXT.P2 : COPY OF THE POSSESSION CERTIFICATE DATED 11.10.07. EXT.P3 : COPY OF THE BASIC TAX RECEIPT ISSUED BY IRINJALAKUDA VILLAGE DATED 9.8.07. EXT.P4 : COPY OF STAMP PAPER SALE DEED DATED 7.8.07 EXECUTED BY KOCHANIYAN THAMPURAN. EXT.P5 : COPY OF ENCUMBRANCE CERTIFICATE DATED 12.10.06. EXT.P6 : COPY OF REPRESENTATION FILED BY THE PETITIONER DATED 13.8.07. EXT.P7 : COPY OF THE COMMUNICATION BY THE SECRETARY, LAND BOARD, THIRUVANANTHAPURAM DATED 21.2.2008. EXT.P7(a) : COPY OF THE LETTER ISSUED BY DISTRICT COLLECTOR, THRISSUR DATED 22.2.08. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 35973 of 2007 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of May, 2011 J U D G M E N T One Sri. R.V. Kochaniyan Thampuran, Valiyathampuran Kovilakam, Irinjalakuda entered into an agreement with the petitioner for sale of 8 cents of land in survey No.49/1 in Irinjalakuda Village. According to the petitioner, the land was of jenmom tenure belonging to the Kochaniyan Thampuran and therefore there is no restriction for Kochaniyan Thampuran for selling the said land to the petitioner. But when the sale deed was presented before the 1st respondent - Sub Registrar for registration the Sub Registrar refused to register the same on the ground that the land is Service Inam Land and unless the holder of the said land applies and obtains purchase certificate, the registration cannot be effected. According to the petitioner the land is not Service Inam Land and belongs absolutely to Sri. R.V. Kochaniyan Thampuran. In the above W.P.(C)No. 35973 of 2007 -2- circumstances the petitioner filed Ext.P6 petition before the 3rd respondent. The petitioner wants 3rd respondent to dispose of Ext.P6. But the learned Government Pleader points out that the question as to whether the land is Service Inam Land or not cannot be decided by the 3rd respondent. It can only be decided by the authority competent to decide the same under the law relating to Service Inam Land. Having heard both sides, I dispose of this writ petition with the following directions: If either the petitioner or Sri. R.V. Kochaniyan Thampuran or his legal representatives, files an application before the competent authority under the law relating to Service Inam Lands the competent authority shall consider and pass orders as to whether the land in question is a Service Inam Land or not. If the competent authority decides that it is not Service Inam Land it would be open to R.V. Kochaniyan Thampuran and the petitioner to present the sale deed again before the 1st respondent for W.P.(C)No. 35973 of 2007 -3- registration in which case the 1st respondent shall effect the registration in accordance with law. If it is decided that it is Service Inam Land, the said parties are free to either challenge the orders or proceed further in accordance with the law relating to Service Inam Lands. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/