Rajan.C.M vs State Of Kerala on 4 March, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 6352 of 2010(T)


1. RAJAN.C.M, AGED 39 YEARS,S/O.MADHAVAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. THE SUB REGISTRAR OFFICER,

                For Petitioner  :SRI.T.N.SURESH

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :04/03/2010

 O R D E R
                      T.R. Ramachandran Nair, J.
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                      W.P.(C) No. 6352 of 2010-T
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               Dated this the 4th day of March, 2010.

                                 JUDGMENT

The petitioner seeks for a direction to the second respondent Sub

Registrar to register Ext.P2 sale deed forthwith. He has purchased 4 cents

of land in Old Sy. No.1118 in Njarakkal Village covered by the Sale

Certificate issued by the Munsiff’s Court, Kochi in O.S. No.284/2006 in

favour of the auction purchaser one Shri T.S. Sudheesh. Ext.P1 is the copy

of the sale certificate issued by the Court. A true copy of the sale deed

executed in favour of the petitioner is produced as Ext.P2. According to the

petitioner, when it was produced, the Sub Registrar returned the same for

curing certain defects, especially with regard to the Survey Number.

Thereafter, he obtained a certificate from the Village Officer with regard to

the identity of the survey number, as per Ext.P3. The case pleaded in the

writ petition is that even thereafter, there was a refusal to register the

document.

2. Learned Govt. Pleader on instructions, submitted that there has

not been any refusal on the part of the second respondent, as the petitioner

has not so far produced the original of Ext.P2 for registration. It is

wpc6352 /2010 2

submitted that if the original of the said document is produced for

registration, appropriate action will be taken in accordance with the

Registration Act.

3. Therefore, there will be a direction to the second respondent to

register the document in terms of the relevant provisions, if the document is

otherwise in order.

The writ petition is disposed of as above. No costs.

(T.R. Ramachandran Nair, Judge.)

kav/