IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 WP(C).No. 29549 of 2011(P) -------------------------- PETITIONER(S): ------------------------ ABDUL SALIM, S/O MUHAMMADALI HAJI, MANAKKAPADATH HOUSE, KOKKUR P.O, PONNANI, MALAPPURAM DT. BY ADV. SRI.P.N.SANTHOSH SMT.K.P.GEETHA MANI SRI.MANSOOR.B.H. RESPONDENT(S): ------------------------ THE SUB REGISTRAR, OFFICE OF THE AGALI SUB-REGISTRAR, MANNARKKADU, PALAKKADU DISTRICT, KERALA 678581. GOVT.PLEADER SRI.MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.29549/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: A TRUE COPY OF THE ASSIGNMENT CERTIFICATE NO.1948 DATED 31.12.1976 ISSUED BY THE AGALI LAND TRIBUNAL IN FAVOUR OF MUHAMMED, SON OF KUNJALAVI. EXT.P2: A TRUE COPY OF THE DOCUMENT NO.120/2007 DATED 30.01.2007 REGISTERING 2.61 ACRES OF LAND IN FAVOUR OF THE PETITIONER. EXT.P3: A TRUE COPY OF THE DOCUMENT NO.121/2007 DATED 30.1.2007 REGISTERING 2 ACRES OF LAND IN FAVOUR OF THE PETITIONER. EXT.P4: A TRUE COPY OF THE LAND TAX RECEIPT DATED 1.7.11 IN RESPECT OF EXTS.P2 AND P3 PROPERTIES. EXT.P5: A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 20.7.11 IN RESPECT OF EXTS.P2 AND P3 PROPERTIES. EXT.P6: A TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 7.10.11 IN RESPECT OF EXTS.P2 AND P3 PROPERTIES ISSUED BY THE RESPONDENT. EXT.P7: A TRUE COPY OF THE JUDGMENT DATED 18.10.11 IN WPC NO.27410/2011 OF THIS HON'BLE COURT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 29549 OF 2011 ===================== Dated this the 4th day of November, 2011 J U D G M E N T Petitioner claims to be the owner of properties covered by Exts.P2 and P3. According to him, he wants to sell the property and the grievance is that the respondent is insisting on the production of NOC from the revenue authorities for registration of the document. It is with this grievance the writ petition is filed. 2. This issue was considered by this Court in Selvam v. State of Kerala (2010(1) KLT 508) and it has been held that registering authority cannot insist on the production of NOC from the revenue authorities for registering a document. In that view of the matter, petitioner is entitled to succeed. Therefore, the writ petition is disposed of directing that it will be open to the petitioner to present his document for registration before the respondent. On such presentation, if the document is otherwise valid in law, the same will be accepted and dealt with for registration in accordance with law. It is clarified that, even if the document is registered as above, such WPC No. 29549/11 :2 : registration shall not be to the prejudice of the State or its authorities from proceeding against the property in question, if it is otherwise liable to be proceeded against. ANTONY DOMINIC, JUDGE Rp