Allowed

Shibi v. State of Kerala

Kerala HC18 Jun 2012WP(C)/5593/2012

Case brief

AI extract

What is this about?

Petitioner sought a direction to the Sub Registrar not to insist on a No Objection Certificate from the Revenue Department for document registration. Relying on Selvon v. State and considering the Possession Certificate, the court held the document would be registered upon completion of formalities, effectively dismissing the request for a blanket direction.

What did the court decide?

Direction to Sub Registrar not to insist on No Objection Certificate; document to be registered if formalities are satisfied.

Shibi Vs State of Kerala — Kerala HC (2012) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR

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MONDAY, THE 18TH DAY OF JUNE 2012/28ND JYAISHTA 1934

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WP(C).No. 5593 of 2012 (Y)

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PETITIONER:

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SHIBI,

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S/O.THOMAS KANNANCHIRA, MAMUDU, CHANGANASSERY, KOTTAYAM DISTRICT.

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BY ADV. SRI.VINOD KUMAR.C

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RESPONDENT(S):

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1. STATE OF KERALA

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REP. BY SECRETARY, REGISTRATION DEPARTMENT,

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GOVERNMENT SECRETARIATS, THIRUVANANTHAPURAM- 695 001.

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2. THE SUB REGISTRAR,

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AGALI SUB REGISTRAR OFFICE, AGALI,

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MANNARKKAD,PALAKKAD – 678 004.

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BY SRI.MOHAMMED SHAH, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 5593 of 2012 (Y)

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APPENDIX

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PETITIONER(S) EXHIBITS:

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EXT.P-1: COPY OF SALE DEED DT.29.12.2010.

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EXT.P-2: COPY OF POSSESSION CERTIFICATE DT.29.12.2010.

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EXT.P-3: COPY OF TAX RECEIPT DT.20.05.2011 OF PETITIONER.

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RESPONDENTS' EXHIBITS: NIL

/TRUE COPY/

P.A.TO JUDGE

T.R. Ramachandran Nair, J.

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- - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 5593 of 2012

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- - - - -- - - - - - - - - - - - - - - - - - - - -

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Dated this the 18th day of June, 2012

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JUDGMENT

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The petitioner is seeking for a direction to the second respondent Sub Registrar not to insist for the production of a No Objection Certificate from the Revenue Department for registering the doucment, in the light of the principles stated by this Court in Selvon v. State of Kerala (2010 (1) KLT 508).

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Heard learned Government Pleader who appears for the respondents.

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Learned Government Pleader submitted that in the light of the principles stated by this Court in Selvon's case (supra), a No Objection Certificate from the Revenue Department has not been insisted. In para 3 of the statement filed by the respondents, it is stated that prima facie an enquiry was conducted in respect of the property involved. Mention is made about the Kerala Restriction on Transfer by and Restoration of Lands to Scheduled Tribes Act, 1999.

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Learned counsel for the petitioner submits that the possession certificate, Ext.P2 will show that the property is not included among any

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WPC.5593/2012 - 2-

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items of forest land, land assigned to Adivasis, etc.

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After verifying the fact whether the prohibition under the above Act will apply or not, the document will be registered, if all other formalities for registration are satisfied.

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

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(T.R. Ramachandran Nair, Judge.)

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kav/

Shibi v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shibi v. State of Kerala

Case brief

What is this about?

What did the court decide?

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