Writ petitioner challenged non-action on a complaint regarding a registered gift deed executed without intention to act. Court held civil suit is the remedy; dismissed writ.
Writ petition dismissed without prejudice to right to approach civil forum.
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 K.VINOD CHANDRAN
THURSDAY, THE 2ND DAY OF NOVEMBER 2017/ 11TH KARTHIKA, 1939
WP(C).No. 24589 of 2017 (W)
PETITIONER:
KRISHNANKUTTY EACHERAN
AGED 49, V.P IV/578, MALIKKODE PADINJATTATHIL VEEDU, ERANNOOR MURI, VETTIKAVALA PANCHAYATH VEETTIKAVALA VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT.
BY ADV. SRI.S.VIDYASAGAR
RESPONDENT(S):
1. INSPECTOR GENERAL OF REGISTRATIONS, OFFICE OF THE INSPECTOR GENERAL OF REGISTRATIONS, THIRUVANANTHAPURAM - 695 035.
2. DISTRICT REGISTRAR KOLLAM
3. SUB REGISTRAR,
4. SURENDRAN
AGED 53, S/O. BALACHANDRAN, V.P 4/394, VANDETTIL CHARUVILA HOUSE, IRANOOR MURI, VETTIKKAVALA VILLAGE, VETTIKAVALA PANCHAYATH, KOTTARAKKARA TALUK, KOLLAM DISTRICT - 691 506
R1 TO R3 BY GOVERNMENT PLEADER SMT K.R.DEEPA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.V.
WP(C).No. 24589 of 2017 (W)
APPENDIX
PETITIONER(S)' EXHIBITS
| -------- EXHIBIT |
------ P1 |
--------- THE TRUE COPY OF THE GIFT DEED NO. 1812/2013 OF SRO KOTTARAKKARA. |
|---|---|---|
| EXHIBIT | P2 |
THE TRUE COPY OF THE CONSENT LETTER DATED 14.1.205 ISSUED BY THE PETITIONE AND SECRETARY OF THE SAKHA NO.43 KURAVAR MAHASABHA IN FAVOUR OF THE SIDHANAR SABHA NO. 115. |
| EXHIBIT | P3 |
THE TRUE COPYOF THE DOCUMENT NO. 137/2015 OF KOTTARAKARA SRO STYLED AS 'GIFT DEED' GRANTING JOINT OWNERSHIP TO THE SIDHANAR SABHA SAKHA 115 OV ER THE LANDED PROPERTY BELONGING TO THE KURAVAR MAHASABHA. |
| EXHIBIT | P4 |
THE TRUE COPY OF INTIMATION DATED 08.3.2016 ISSUED TO THE PETITIONER FROM THE 1ST RESPONDENT. |
| EXHIBIT | P5 |
THE TRUE COPY OF THE GOVERNMENT ORDER GRC(3) 7188/2016 DATED 21.4.2016 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT. |
| RESPONDE -------- |
NT(S)' ------ |
EXHIBITS NIL --------- |
/TRUE COPY/ K.V. P.S.TO JUDGE
K. VINOD CHANDRAN, J.
W.P.(C) No. 24589 of 2017 (W)
Dated: 02nd November, 2017
J U D G M E N T
The petitioner is aggrieved with the non consideration of a complaint filed before the
registration authorities, who are respondents 1 to 3.
managing the affairs of a temple, as the President of Sakha No.43 of Kuravar Mahasabha, Vettikkatt Kavala, Kottarakkara. An adjacent property was also conceded to the Sabha by Ext.P1 deed, which was also annexed and used for the affairs of the temple existing in the adjacent property. Later, the 4th respondent is said to have approached the 1st petitioner to participate in the management of the temple, which was consented to by
W.P.(C) No. 24589/2017
-2-
Ext.P2. The concession made in Ext.P2 was very confined and though a document at Ext.P3 was executed, the same was not intended to be acted upon, is the specific contention taken. Hence, the petitioner filed an application for cancellation of Ext.P3.
“ 83A. Cancellation of registered
documents in certain cases -
W.P.(C) No. 24589/2017
-3-
such a document is detrimental to the interest of another person, the same shall be cancelled by the Inspector General of Registration on application made to him in such form as may be prescribed.
as available in the section has to be satisfied. In the
present case there is no impersonation and the contention is that the petitioner executed the document at Ext.P3 without any intention to act upon it and the registration is also not alleged to be done without the knowledge of the petitioner.
W.P.(C) No. 24589/2017
-4-
The writ petition is dismissed without prejudice to
the right of the petitioner to approach the appropriate civil forum, subject to laws of limitation. No Costs.
Sd/K.VINOD CHANDRAN, JUDGE
jjj 2/11/17
2 issues framed by the court
Whether the registration authorities can cancel a registered document where the executioner had no intention to act upon it.
Whether this Court can interfere under Article 226 when a civil remedy is available.
KRISHNANKUTTY EACHERAN
INSPECTOR GENERAL OF REGISTRATIONS
DISTRICT REGISTRAR KOLLAM
SURENDRAN
K.VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
