IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 19TH SEPTEMBER 2011 / 28TH BHADRA 1933 WP(C).No. 24700 of 2011(J) ---------------------------------------- PETITIONER(S): ------------------------- 1. DR.MOHAN BABU, S/O.LATE DR.PAUL BABU, AGED 56 YEARS, RESIDING AT BAMMS, MUNNAR PO, PIN 685 612. 2. SMT. MOLLY IYPE, D/O.LATE DR.PAUL BABU,AGED 62 YEARS, RESIDING AT BAMMS, MUNNAR PO, PIN 685 612. 3. JAYAPRAGASAM@ JAYAPRAKASH,S/O.A.ANTONY, AGED 63 YEARS, LIC AGENT, RESIDING AT MUNNAR WORKSHOP QUARTERS, MUNNAR PO, PIN 685 612. BY ADV. SRI.N.M.VARGHESE RESPONDENT(S): --------------------------- 1. STATE OF KERALA TO BE REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE INSPECTOR GENERAL OF REGISTRATION, THIRUVANANTHAPURAM - 695 001. 3. THE DISTRICT REGISTRAR, IDUKKI, CIVIL STATION, KUYILIMALA, IDUKKI DISTRICT - 685 614. 4. THE DISTRICT COLLECTOR, IDUKKI, COLLECTORATE, KUYILIMALA, IDUKKI DISTRICT - 685 614. 5. THE TAHSILDAR, DEVIKULAM TALUK, DEVIKULAM PO, IDUKKI DISTRICT PIN 685 613. 6. THE SUB REGISTRAR, DEVIKULAM, DEVIKULAM PO, IDUKKI DISTRICT PIN 685 613. R1 TO R6 BY SR. GOVERNMENT PLEADER SMT. M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.24700/2011 J APPENDIX PETITIONER(S) EXHIBITS: EXT.P1 A PHOTOCOPY OF DEED OF PARTION NO.669/92 DT.22.2.1992 OF SRO, DEVIKULAM. EXT.P2 A PHOTOCOPY OF SALE AGREEMENT DT.1.1.2004 EXECUTED BY THE IST PETITIONER. EXT.P3 A PHOTOCOPY OF SALE AGREEMENT DT.30.8.07 EXECUTED BY THE 2ND PETITIONER. EXT.P4 A PHOTOCOPY OF SALE DEED NO.2165/04 DT.28.6.04 EXECUTED BY THE IST PETITIONER AT THE OFFICE OF THE 6TH RESPONDENT SUB REGISTRAR. EXT.P5 A PHOTOCOPY OF GENERAL POWER OF ATTORNEY EXECUTED BY THE PURCHASERS IN EXT.P4 SALE DEED, IN FAVOUR OF THE 3RD PETITIONER. EXT.P6 A PHOTOCOPY OF TAX RECEIPT NO.602534 DT.13.2.06 ISSUED IN THE NAME OF THE IST PETITIONER. EXT.P7 A PHOTOCOPY OF NO OBJECTION CERTIFICATE NO.B1-14091/03 (I) DT.15.11.2003 ISSUED BY THE 5TH RESPONDENT TAHSILDAR ADDRESSING THE 6TH RESPONDENT SUB REGISTRAR. EXT.P8 A PHOTOCOPY OF RELEVANT PAGES OF THE LAND BOARD AWARD. EXT.P9 A PHOTOCOPY OF LETTER NO.17262/D3/05/RD DT.10.11.2006 ISSUED BY THE IST RESPONDENT ADDRESSING THE 2ND RESPONDENT. EXT.P10 A PHOTOCOPY OF COMMUNICATION NO.R.R.3-2477/06 DT.7.12.2006 ISSUED BY THE 2ND RESPONDENT. EXT.P11 A PHTOCOPY OF COMMUNICATION NO.R.R.3-5715/06 DT.19.03.2007 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT. EXT.P12 A PHOTOCOPY OF JUDGMENT DT.3.2.2011 PASSED BY THIS HONOURABLE COURT IN WPC. NO.2578/2011 V RESPONDENTS' EXHIBITS : N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J ....................................................... W.P.(C).24700/2011 .............................................. Dated this the 19th day of September, 2011 JUDGMENT According to the petitioners, being the owners and occupants of certain properties situated in Survey No.62/28A of KDH Village, Idukki, they want to alienate the properties. It is stated that however, due to the instructions issued by the fourth respondent, the sixth respondent will refuse to register the documents, if a No Objection Certificate from the Revenue authorities is not produced. It is with this complaint this writ petition is filed. 2. Petitioners relied on Ext.P12 judgment of this Court in support of their contention that the insistence for production of NOC from the Revenue authorities is unwarranted. 3. In several cases of this nature, this Court disposed of the writ petitions directing registration of the documents. One such judgment is Ext.P12 relied on by the petitioners. Consistent with the above, this writ petition is also disposed of directing that if the sale deeds produced by the petitioners are otherwise valid, the sixth respondent shall register the same without insisting for W.P.(C).24700/11 2 production of NOC from the Revenue authorities. It is clarified that this shall be without prejudice to the right of the respondents to proceed against the properties, if the same are otherwise liable to be proceeded against. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs