IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 8TH JULY 2010 / 17TH ASHADHA 1932 WP(C).No. 21204 of 2010(A) ---------------------------------- PETITIONER(S): --------------- 1. SIVAN,S/O.LATE SHANMUGHAM,AGED 74 YEARS, MUNNAR COLONY,K.D.H.VILLAGE,MUNNAR. 2. MURUKAYYA,S/O.SIVAN,AGED 42 YEARS, MUNNAR COLONY,K.D.H.VILLAGE,MUNNAR. BY ADV. MR.T.R.RAJAN RESPONDENT(S): ------------------- 1. THE DISTRICT COLLECTOR,IDUKKI – 685 602 2. THE TAHSILDAR,DEVIKULAM-685 613. 3. THE VILLAGE OFFIER,K.D.H.VILLAGE-685613. 4. THE SUB REGISTRAR,THE OFFICE OF THE SUB REGISTRAR,DEVIKULAM-685 613. ADV. MR. P. NARAYANAN – GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.21204 OF 2010 ------------------------------- Dated this the 8th day of July, 2010 J U D G M E N T The petitioners want registration of a sale deed in respect of their property. The fourth respondent is refusing to register the same on the ground that the petitioners have not produced a No Objection Certificate from the District Collector. According to the petitioners, in view of Ext.P9 Division Bench decision in Selvam v. State of Kerala [2010(1) KLT 508], the respondents cannot insist on a No Objection Certificate for registration of sale deeds. The petitioners, therefore, seek the following reliefs: “i. issue a writ in the nature of mandamus or any other writ, order or direction commanding the 4th respondent to register the Sale Deed in respect of the petitioner's properties namely 3 cents of property comprised in Sy No 912 Block No 12 of K.D.H. Village, Munnar and 2 cents of property comprised in Sy No 912 Block No 12 of K.D.H. Village, Munnar without insisting for No objection certificate from Revenue Officials and subject to fulfillment of other conditions. ii. in the alternative issue a writ in the nature of mandamus or any other writ, order or direction commanding the 2nd respondent to take appropriate action upon Exhibit P8 petition and issue No objection certificate within a time limit to be fixed by this Honble court”. W.P.(c)No.21204/10 2 2. I have heard the learned Government Pleader also. He would submit that Ext.P9 is under challenge before the Supreme Court of India. Notwithstanding the same, I am of opinion that I am bound by the Division Bench decision and therefore, the fourth respondent cannot insist on a No Objection Certificate from the first respondent for effecting registration. In the above circumstances, this writ petition is allowed in terms of the decision in Selvam's case. S. SIRI JAGAN, JUDGE acd W.P.(c)No.21204/10 3 W.P.(c)No.21204/10 4