Petitioner sought direction for the second respondent to issue a Non Objection Certificate to permit execution of a sale deed for land in IDUKKI district, citing medical necessity. Court directed Collector to decide within four weeks.
Directed District Collector to issue Non Objection Certificate within 4 weeks of receipt of judgment copy.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.GIRI
MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931
WP(C).No. 14046 of 2009(A)
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PETITIONER:
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K.PRAKASH, S/O.LATE V.M.KOSHY, AGED 43 YEARS, VALIYAPARAMBIL HOUSE, DEVIKULAM, IDUKKI DISTRICT.
BY ADV. SRI.N.M.VARGHESE SRI.ROY THOMAS
RESPONDENTS:
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1. STATE OF KERALA TO BE REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.
2. THE DISTRICT COLLECTOR, IDUKKI, COLLECTORATE, KUYILIMALA, IDUKKI.
3. TAHSILDAR, DEVIKULAM.
4. THE SUB REGISTRAR, DEVIKULAM, IDUKKI DISTRICT.
R1 TO R4 BY GOVERNMENT PLEADER SRI. M.A. ASIF.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 14046 of 2009(A)
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENTS' EXHIBITS: N I L
// TRUE COPY //
P.A. TO JUDGE.
app/-
V.GIRI, J.
= = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 14046 OF 2009
= = = = = = = = = = = = = == = = = = = = = Dated this the 17th day of August 2009.
JUDGMENT
Petitioner have approached this Court seeking a direction to the second respondent to issue a 'Non Objection Certificate' as requested in Ext.P10, permitting the petitioner to execute the sale deed pursuant to Ext.P6 and to present it for registration. According to the petitioner, he is an owner in possession of 11.250 cents of land comprised in Survey No.20/1 of the Kannan Devan Hill Village. The property belongs to his family. He has entered into an agreement for sale of the property in favour of one Sri. T.M.Kuriakose. He requires the money for the treatment of his son.
Writ petition is disposed of as above.
kkms/
1 issue framed by the court
Whether the petitioner is entitled to a direction to the District Collector to issue a Non Objection Certificate for the registration of a sale deed.
K.PRAKASH
STATE OF KERALA
DISTRICT COLLECTOR, IDUKKI
TAHSILDAR, DEVIKULAM
SUB REGISTRAR, DEVIKULAM
V.GIRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
