IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 WP(C).No. 33655 of 2011(F) ---------------------------------- PETITIONER(S): ------------------- V.SUBBARAJ,S/O.VELLAYYAN CHETTIAR, AGED 75 YEARS,BAZER DIVISION, NYAMAKADU,ESTATE, KDH VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): --------------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY SECRETATIRIAT, 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, DEVIKULAM, IDUKKI DISTRICT - 685 613. BY GOVT. PLEADER SRI.MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2011, ALONG WITH WPC. NO.33715/2011 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 33655/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SALE DEED BEARING NO.2131/2003 OF DEVIKULAM SRO. P2: COPY OF THE TAX RECEIPT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. --------------------------------------- W.P.(C) Nos. 33655, 33715 33745 & 33746 of 2011 ---------------------------------------- Dated this the 16th day of December, 2011 JUDGMENT These are cases in which properties are sought to be sold, and, documents are refused to be registered by the Sub Registrar concerned, on the ground that NOC issued by the revenue authorities should be produced. 2. Similar issue has been considered by a Division Bench of this Court in Selvam V. state of Kerala (2010 (1) KLT 508). In that judgment it has been held that the registration authorities cannot insist on production of NOC for registration of documents. 3. Consistent with this judgment, these writ petitions are also disposed of directing that, it will be open to the petitioners to present their documents for registration, in which event, the Sub Registrar concerned will accept the documents and deal with the same in accordance with law, W.P.C. Nos. 33655,33715 33745 & 33746 -2- provided the documents are otherwise valid, but however, without insisting on the production of NOC. However, it is clarified that, registration of documents as above shall not be to the prejudice of the authorities, if the properties are liable to be proceeded against for any other reason. ANTONY DOMINIC, JUDGE. Kp/-