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. 26750 of 2011(P) -------------------------------------- PETITIONER: ------------------- T.C. SURENDRAN, S/O. CHENNAN, AGED 73 YEARS, TIRUNELLIL HOUSE, MALAYAPUTHUVAL KARA, VAGAMON VILLAGE, KOCHUKARIMTHARUVI. P.O, PIN - 685 501, PEERMADE TALUK, IDUKKI DISTRICT. BY ADV. SRI.RAJU K.MATHEWS. RESPONDENTS: ------------------------ 1. THE SUB REGISTRAR, PEERMEDE.P.O., IDUKKI - 685 531. 2. SUB COLLECTOR, DEVIKOLAM.P.O., PIN - 685 613. 3. THE THAHSILDAR, PEERMEDE, P.O. IDUKKI, PIN - 685 531. R1 TO R3 BY SR. GOVT. PLEADER SMT. M.J. RAJASHREE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/10/2011,ALONG WITH W.P.(C). NO. 26788/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.26750/2011-P: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE BASIC TAX RECEIPT DTD. 18/08/2011. EXT.P.2: COPY OF THE LETTER NO. A2/6136/06 DTD. 16/08/07 OF THE R.2. EXT.P.3: COPY OF THE JUDGMENT DTD. 21/01/2010 IN W.A. NO. 2080/09. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. ANTONY DOMINIC, J ....................................................... W.P.(C)s.26750 & 26788/2011 .............................................. Dated this the 11th day of October, 2011 JUDGMENT Petitioner in W.P.(C).26750/2011 is the owner of a property situated in Survey No.956/1 of Vagamon Village. He wants to sell the property for which he has already entered into an agreement with a buyer. Insofar as the petitioner in W.P.(C).26788/2011 is concerned, he has entered into an agreement for the purchase of a property situated in Survey No.954 of Vagamon Village. 2. The common grievance of the petitioners is that the Sub Registrar has declined to register the documents on the ground that the petitioners have failed to produce a No Objection Certificate from the Revenue Authorities. It is in these circumstances, the writ petitions have been filed seeking a direction to register the documents. 3. Heard the learned counsel for the petitioners and also the learned Government Pleader. 4. In my view, the issue raised in these writ petitions is covered W.P.(C)s.26750 &26788/2011 2 by a Division Bench judgment in W.A.2080/2009, a copy of which is produced as Ext.P3 in W.P.(C).26750/2011. In the light of the said judgment, petitioners are entitled to succeed. 5. Therefore, the writ petitions are disposed of directing that on the production of sale deeds pertaining to the properties referred to above, the Sub Registrar shall accept the same and take it up for registration in accordance with law, without insisting for production of NOC from the Revenue authorities. It is however, clarified that the registration of sale deeds pursuant to the directions in this judgment, shall be without prejudice to the right of the authorities to proceed against the properties, if the same are liable to be proceeded against for any other reason. ANTONY DOMINIC, Judge mrcs