This writ petition challenged Rule 30A of the Registration Rules (Kerala). The court dismissed the petition, holding that the matter was squarely covered by a previous judgment which upheld Rule 30A as necessary for protection against bogus land transactions.
The writ petition challenging Rule 30A of the Registration Rules (Kerala) was dismissed.
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 P.R.RAMACHANDRA MENON
TUESDAY, THE 3RD DAY OF SEPTEMBER 2013/12TH BHADRA, 1935
WP(C).No. 16214 of 2007 (E)
PETITIONER :
ABDUL SALAM, S/O.MUHAMMED, ATHAKKAVEETTIL HOUSE, PONANI NAGARAM AMSOM, DESOM,MALAPPURAM DISTRICT.
BY ADVS.SRI.P.CHANDRASEKHAR SRI.VIJAI MATHEWS
RESPONDENT(S):
1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM.
2. INSPECTOR GENERAL OF REGISTRATION, THIRUVANANTHAPURAM.
3. THE SUB REGISTRAR, PONANI.
R1 TO R3 BY GOVERNMENT PLEADER SMT. RAJASREE.M.J.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-09-2013,ALONG WITH WP(C)NO.17032 OF 2007 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C)NO.16214/2007
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS:
/TRUE COPY/
P.A.TO.JUDGE
sts
P.R. RAMACHANDRA MENON J.
W.P.(C) No. 16214, 17032, 18318, 23261 of 2007, 15119, 22536 of 2008, 3720, 6053,12069, 33918 of 2009, 3497, 4686, 8615, 8616 of 2010 11591, 12101, 32398 of 2011 and 15277 of 2012
JUDGMENT
The issue involved in all these cases are similar and hence dealt
with together. The petitioners, who are scribes/document writers, are aggrieved of Rule 30A introduced in the Registration Rules (Kerala), by virtue of notification bearing No. RR4 5448/2003 dated 04.05.2007 issued by the Inspector General of Registration.
W.P.(C) No. 16214 of 2007 and connected matters.
: 2 :
6. I am not satisfied that, rule 30 A suffers from any of the vices pointed out by the petitioner. In fact, the new rule has been inserted for the protection of bonafide sellers and purchasers in view of large scale bogus transactions of land being presented for registration in this state. As such, it is a necessity of the times. Therefore, I do not find any merit in the contention of the petitioner that the rule is ultra vires the Registration Act. Therefore, there is no merit in the writ petition. Accordingly, this writ petition is dismissed.
in tune with the judgment dated 12.07.2012 in W.P.(C) No. 18650 of 2007.
sd/-
P. R. RAMACHANDRA MENON, (JUDGE)
kmd
1 issue framed by the court
Whether Rule 30A inserted in the Registration Rules (Kerala) violates the Registration Act.
Colour shows how this judgement treated each authority
W.P.(C) No. 18650 of 2007Followed¶6
2 provisions across 2 enactments
Abdul Salam
The State of Kerala
Inspector General of Registration
The Sub Registrar, Ponani
P.R. Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
