Unni Kanianthara vs Sub Registrar on 1 February, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3430 of 2008(G)


1. UNNI KANIANTHARA, KANIANTHARA HOUSE,
                      ...  Petitioner

                        Vs



1. SUB REGISTRAR, KUZHUPPILLY,
                       ...       Respondent

                For Petitioner  :SRI.S.VIDYASAGAR

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :01/02/2010

 O R D E R

THOTTATHIL B.RADHAKRISHNAN, J.

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W.P.(C).No.3430 of 2008-G

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Dated this the 1st day of February, 2010.

Judgment

The petitioner executed a sale deed for

registration. The registering authority refused

to register the document on the assumption that

lands are sought to be acquired for the Vypeen

Munambam 30 metres GIDA road. Unless there are

clear interdicting statutory provisions as a

result of statutory notifications under the Land

Acquisition Act or otherwise, there cannot be any

refusal to register documents. The mere

registration of the documents does not affect the

rights of the requisitioning authority or the

acquiring authority since even for fixing

compensation the value that would be applicable

would be fixed on the relevant dates in terms of

the Land Acquisition Act. At any rate, no

notification having been issued even as of now

and as the proposal for acquisition still

WPC3430/08 -: 2 :-

remains, the citizens cannot be prohibited from

entering into transactions in relation to the

lands. The registering authority in terms of the

Registration Act does not have the power to

withhold any document from being registered on

the ground that the land is proposed to be

acquired.

In the aforesaid circumstances, this writ

petition is allowed directing the respondent to

register the document in question. It is

clarified that this will be without prejudice to

the rights of the Government or any acquiring

authority in connection with any acquisition and

such registration would not, in any manner,

improve the quality of the title to the property

except as is settled by the relevant provisions

of law.

THOTTATHIL B.RADHAKRISHNAN,
JUDGE.

Sha/0202