Direction to Sub Registrar to register property transfer document without insisting on Record of Right extract based on prior precedent.
Directed that in case the petitioner approaches the competent Sub Registrar for registration of documents in accordance with law, the same shall be registered without insisting on the extract of the r
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 3RD DAY OF APRIL 2017/13TH CHAITHRA, 1939
WP(C).No. 2950 of 2013 (P)
PETITIONER(S):
M.CHENTHAMARAKSHAN S/O.KUTTIYAPPU, AGED 62 YEARS RESIDING AT NADATHIPARA KALAM, KANNAMBRA AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT.
BY ADV. SRI.P.R.VENKATESH
RESPONDENT(S):
1. THE DISTRICT COLLECTOR PALAKKAD-678 001.
2. THE SUB REGISTRAR VADAKKENCHERRY, PALAKKAD DISTRICT-678 682.
3. THE TAHSILDAR ALATHUR, PALAKKAD DISTRICT-678680.
BY SENIOR GOVERNMENT PLEADER MARY BEENA JOSEPH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-04-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 2950 of 2013 (P) ---------------------------
APPENDIX
PETITIONER(S) EXHIBITS:
EXHIBIT P3: TRUE COPY OF COMMUNICATION FROM THE ADDITIONAL TAHSILDAR TO VILLAGE OFFICER.
RESPONDENTS' EXHIBITS :
NIL
//TRUE COPY\
P.A TO JUDGE
IAP
ANU SIVARAMAN, J ==================
W.P.(C).NO.2950 OF 2013
==================
Dated this the 3rd day of April, 2017
J U D G M E N T
Prayers in this writ petition are as follows:
a) issue a writ of mandamus or any appropriate writ,
order or direction directing the Sub Registrar, Vadakkanchery to register the document to be presented by the petitioner transferring the property in favour of his son Hebin and daughter Hepsy in respect of the properties situate in Kannambra-I Village without insisting for production of Record of Right extract; and
b) issue such other or further orders as this Hon'ble
Court may deem just and fit in the circumstances of the case.
that pursuant to the declaratory judgment of this Court in
Synudheen v. State of Kerala (2013(1) KLT 221) the
Sub Registrars in the State are not insisting on the
W.P.(C).NO.2950 OF 2013 2
production of records of right extract for the purpose of registering the documents of transferring property.
In the above view of the matter this writ petition is disposed of recording the said submission and directing that in case the petitioner approaches the competent Sub Registrar for registration of documents in accordance with law, the same shall be registered without insisting on the extract of the record of rights.
The writ petition is disposed of as above.
Sd/-
ANU SIVARAMAN, JUDGE
//True Copy\
P.A to Judge
IAP
1 issue framed by the court
Whether Sub Registrars can be directed to register property transfer documents without insisting on production of Record of Right extract?
Colour shows how this judgement treated each authority
Synudheen v. State of KeralaRelied on¶39
Synudheen v. State of Kerala (2013(1) KLT 221)
M. Chenthamarakshan
The District Collector Palakkad
The Sub Registrar Vadakkancherry
The Tahsildar Alathur
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
