High Court Kerala High Court

Mathai Tharakan vs State Of Kerala on 26 March, 2009

Kerala High Court
Mathai Tharakan vs State Of Kerala on 26 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 8924 of 2009(I)


1. MATHAI THARAKAN,S/O.EASA THARAKAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. SUB REGISTRAR,

                For Petitioner  :SRI.S.SREEKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :26/03/2009

 O R D E R
                         ANTONY DOMINIC, J.
                    -------------------------
                 W.P.(C.) Nos.8924 & 8942 of 2009
              ---------------------------------
              Dated, this the 26th day of March, 2009

                            J U D G M E N T

In WP(C) No.8924/2009, the grievance is regarding the alleged

refusal on the part of the 2nd respondent in registering Exts.P1 & P2

gift deeds executed by the petitioner. Similarly, in WP(C)

No.8942/2009, the complaint is regarding the refusal to register

Ext.P1 to P3 gift deeds executed by the petitioner.

2. In several cases of this nature, it has been directed by this

Court that when a document is presented for registration, the same

has to be registered and thereafter, if circumstances warrant,

further action as contemplated under the Registration Act or the

Stamp Act could be taken.

3. Consistent with the above, in view of the similarity of

facts, the petitioners are entitled to have similar orders.

4. Accordingly, these writ petitions are disposed of directing

that it will be open to the petitioners to present the originals of the

documents referred to above, in which case the 2nd respondent shall

take steps for registration of the same and if circumstances warrant,

WP(C) Nos.8924 & 8942/2009
-2-

it will be open to the 2nd respondent to take further action in

accordance with law.

5. The petitioners shall produce a copy of this judgment

before the 2nd respondent for compliance.

These writ petitions are disposed of as above.

(ANTONY DOMINIC, JUDGE)
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