Disposed

Chandrika v. the Sub Registrar, Parassala

Kerala HC26 Feb 2016WP(C)/1070/2016

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a writ petition seeking a mandate to register a partition deed. The Court held that petitioner compliance with the online registration process was necessary; upon compliance, the respondent would act in accordance with law.

What did the court decide?

No relief granted besides a direction that if petitioners comply with online process, respondent shall act.

Chandrika Vs the Sub Registrar, Parassala — Civil Procedure and Limitation | Kerala HC (2016)

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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 A.MUHAMED MUSTAQUE

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FRIDAY, THE 26TH DAY OF FEBRUARY 2016/7TH PHALGUNA, 1937

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WP(C).No. 1070 of 2016 (G)

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PETITIONER(S):

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1. MRS.CHANDRIKA,

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W/O.RAVI, KUTTATHIVILA VEEDU, ENCHIVILA,

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NEAR RAILWAY STATION, MURIANKARA DESOM, PARASSALA,

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THIRUVANANTHAPURAM DISTRICT.

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2. PRASAD, S/O.RAVI, KUTTATHIVILA VEEDU, ENCHIVILA,

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NEAR RAILWAY STATION, MURIANKARA DESOM, PARASSALA,

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THIRUVANANTHAPURAM DISTRICT.

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3. PRATHEEP, S/O.RAVI KUTTATHIVILA VEEDU, ENCHIVILA, NEAR RAILWAY STATION, MURIANKARA DESOM, PARASSALA, THIRUVANANTHAPURAM DISTRICT.

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4. PRIYANKA, D/O.RAVI KUTTATHIVILA VEEDU, ENCHIVILA, NEAR RAILWAY STATION, MURIANKARA DESOM, PARASSALA, THIRUVANANTHAPURAM DISTRICT.

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BY ADV. SMT.M.HEMALATHA

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RESPONDENT(S):

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

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THE SUB REGISTRAR, OFFICE OF THE SUB REGISTRAR, PARASSALA, THIRUVANANTHAPURAM - 695 502.

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BY GOVERNMENT PLEADER SRI.MANOJ M.KUNJACHAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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WP(C).No. 1070 of 2016 (G)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1:TRUE COPY OF THE TAX RECEIPT DATED 27.11.2015

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P2:TRUE COPY OF THE RATION CARD

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P3:TRUE COPY OF THE IDENTITY CARD OF THE 1ST PETITIONER

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P3 A:TRUE COPY OF THE IDENTITY CARD OF THE 2ND PETITIONER

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P3 B:TRUE COPY OF THE IDENTITY CARD OF THE 3RD PETITIONER

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P3 C:TRUE COPY OF THE IDENTITY CARD OF THE 4TH PETITIONER

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P4:TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER DATED 24.11.2015

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P5:TRUE COPY OF THE PARTITION DEED DATED 28.12.2015

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P6:TRUE COPY OF THE JUDGMENT IN WPC.NO.22566/2006 DATED 15.09.2006 BEFORE THE HONOURABLE HIGH COURT OF KERALA

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RESPONDENT(S)' EXHIBITS:

NIL

//TRUE COPY//

P.S.TO JUDGE

Ms v/

A.MUHAMED MUSTAQUE, J.

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W.P.(C).No.1070/2016

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Dated this the 26^th Day of February, 2016

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J U D G M E N T

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The petitioners have approached this Court seeking the

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following reliefs:

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“i. To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent to register Exhibit-P5 in accordance with law;

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ii. Such other reliefs which the petitioner may ask for during the course of the proceedings and which this Honourable Court may deem fit and necessary in the interest of justice.”

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It is submitted by the learned Government Pleader that

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the petitioners did not upload the documents for registration

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through online process and they did not submit any documents for

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registration.

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W.P.(C).No.1070/2016

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-:2:-

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This Court is of the view that if the petitioners comply

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with the online process for registration, necessarily, the respondents

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shall take appropriate action on the request of the petitioners in

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accordance with law.

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

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Sd/A.MUHAMED MUSTAQUE, JUDGE

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Chandrika v. the Sub Registrar, Parassala

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Chandrika v. the Sub Registrar, Parassala

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