IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 WP(C).No. 25776 of 2011(V) -------------------------------------- PETITIONER: ------------------- ANILAN, AGED 37 YEARS, S/O. KUMARAN, KARNANGOTTU HOUSE, AVANOOR VILLAGE, VARADIYAM DESOM, THRISSUR TALUK, PIN-680 547. BY ADV. SRI.C.A.ANOOP. RESPONDENTS: ------------------------ 1. SUB REGISTRAR, SUB REGISTRAR OFFICE, MUNDOOR, THRISSUR, PIN-680 541. 2. DISTRICT REGISTRAR, THRISSUR DISTRICT, PIN -680 001. 3. SUPERINTENDENT OF JAIL, VIYYOOR SUB JAIL, VIYYOOR-680 010. 4. DISTRICT COLLECTOR, THRISSUR DISTRICT, PIN-680 001. 5. RADHAKRISHNAN, S/O. GOPALAKRISHNAN, PADINJARATT, PARAVOOR TALUK, ELOOR VILLAGE, ELOOR DESOM, PIN-683 542. R1 TO R4 BY SR. GOVT. PLEADER SMT. M.J. RAJASHREE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.25776/2011-V: APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 : TRUE COPY OF THE SALE DEED 1940/2011 OF MUNDOOR SUB REGISTRY DTD.22.6.2011. EXT.P2 : TRUE COPY OF THE AGREEMENT DTD.22.6.2011 EXECUTED BY OTHER CO-OWNERS TO EXECUTE THE SALE DEED BY THE 5TH RESPONDENT. EXT.P3 : TRUE COPY OF THE APPLICATION DTD.21.9.2011 BEFORE THE 1ST AND 2ND RESPONDENT UNDER SEC.38(2) OF THE REGISTRATION ACT. EXT.P4 : TRUE COPY OF THE DEED PREPARED IN STAMP PAPER PRODUCED BEFORE 1ST AND 2ND RESPONDENTS. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE Prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 25776 of 2011 V ``````````````````````````````````````````````````````````` Dated this the 11th day of October, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner has entered into an agreement for the purchase of 5 cents of land situated in Survey No.4/47 of Peramangalam village. Among others, the fifth respondent is also an owner of the said land and except the fifth respondent, all others have signed the document. The fifth respondent is undergoing imprisonment in the Viyyur Sub Jail on account of his involvement in Crime No.624/2011 of Eloor Police Station. Petitioner made an application before respondents 1 and 2 under Section 38(2) of the Registration Act to take necessary steps to execute the sale deed. That was not complied with. Therefore, this writ petition is filed, seeking the following prayer:- “Issue a writ of mandamus or any other appropriate writ, order or direction to the 1st and 2nd respondents to take W.P.(C) No.25776/2011 : 2 : necessary steps to execute the sale deed by the 5th respondent who is detained in Sub Jail Viyyoor(in connection with Crime No.624/2011 of Eloor Police Station) under the superintendence of 3rd respondent.” 2. Learned Government Pleader has obtained instructions in the matter and according to her, for taking steps under Section 38(2), an application under Rule 49 is to be made by the fifth respondent. It is stated that the fifth respondent has not made an application so far and it was therefore that the request of the petitioner could not be complied with. 3. Section 38(2) provides that, in respect of a person in Jail under criminal process, the registering officer shall either himself go to the jail in which he is confined and examine him or issue a Commission for his examination. Rule 49 of the Registration Rules(Kerala) provides that, an application for attendance as provided in Section 38(2) shall be signed by the persons on whose behalf attendance is W.P.(C) No.25776/2011 : 3 : required. Therefore, unless an application as contemplated under Rule 49 is made, the petitioner cannot seek a direction as sought for. 4. At this stage, learned counsel for the petitioner submits that steps will be taken for making an application under Rule 49. Now that such a submission has been made by the learned counsel for the petitioner, this writ petition is disposed of, directing that in the event an application is made as above, the first respondent will take necessary action under Section 38(2) of the Registration Act for registration of Ext.P1 sale deed. This shall be done without any delay in the matter. Sd/- (ANTONY DOMINIC, JUDGE) aks/11/10 // True Copy // P.A. To Judge