Disposed

Neethu Anna Alexander v. the District Registrar, Ernakulam

Kerala HC1 Jun 2017WP(C)/8893/2017

Case brief

AI extract

What is this about?

Petitioner challenged inaction by the Sub Registrar in registering a settlement deed. The court did not accept the respondent's claim that the deed was never produced. Instead, it directed the petitioner to present the deed for registration on a specified date, ordering the registrar to register it if in order.

What did the court decide?

Directed the petitioner to present the settlement deed for registration on 12.06.2017, to be registered if in order.

Neethu Anna Alexander Vs the District Registrar, Ernakulam — Landlord and Tenant | Kerala HC (2017)

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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 P.B.SURESH KUMAR

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THURSDAY, THE 1ST DAY OF JUNE 2017/11TH JYAISHTA, 1939

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WP(C).No. 8893 of 2017 (J)

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PETITIONER(S) :

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NEETU ANNA ALEXANDER D/O.K.A.ALEXANDER, AGED 40 YEARS, VALIYAVANATHIL HOUSE, VELIYANAD, EDAKKATTUVAYAL, ERNAKULAM, REPRESENTED BY HER FATHER AND P/A. HOLDER K.A.ALEXANDER, S/O.K.A.ABRAHAM, AGED 72 YEARS, ADVOCATE, VALIYAVANATHIL HOUSE, VELIYANAD, EDAKKATTUVAYAL, ERNAKULAM-682 313.

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BY ADVS.SRI.SAJI.P.JOSEPH

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SRI.K.T.SAJU SMT.MINI.G SMT.A.SEENA SRI.ABDUL LATHEEF A.K

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RESPONDENT(S) :

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1. THE DISTRICT REGISTRAR DISTRICT REGISTRAR OFFICE, ERNAKULAM DISTRICT, PIN-682 011.

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2. THE SUB REGISTRAR

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SUB REGISTRAR OFFICE, PIRAVOM, ERNAKULAM DISTRICT, PIN-686 664.

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R BY GOVERNMENT PLEADER SRI.SANTHOSH PETER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 8893 of 2017 (J)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1 TRUE COPY OF POWER OF ATTORNEY NO.87/2008 DATED 8/2/2008 OF SRO, ERNAKULAM

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EXT.P2 TRUE COPY OF THE UNREGISTERED WILL DATED 25/2/2002 EXECUTED BY LATE JOLLY ABRAHAM EXT.P3 TRUE COPY OF THE DEATH CERTIFICATE OF JOLLY ABRAHAM DATED 7/4/2004 ISSUED BY CORPORATION OF COCHIN EXT.P4 TRUE COPY OF THE LAND TAX RECEIPT DATED 3/1/2017 ISSUED BY THE VILLAGE OFFICER, EDAKKATTUVAYAL VILLAGE

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EXT.P5 TRUE COPY OF THE SETTLEMENT DEED DATED 16/2/2017 EXECUTED BY THE PETITIONER THROUGH HER POWER OF ATTORNEY HOLDER

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RESPONDENT(S)' EXHIBITS NIL

/TRUE COPY/

PA TO JUDGE

P.B.SURESH KUMAR, J.

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============================= W.P.(C) No.8893 of 2017

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============================ Dated this the 1^st day of June, 2017

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JUDGMENT

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The grievance of the petitioner in the writ petition concerns the inaction on the part of the second respondent in registering Ext.P5 settlement deed. It is stated by the petitioner that Ext.P5 settlement deed has been produced for registration and the second respondent is objecting the registration for reasons best known to him.

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The learned Government Pleader, on

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instructions, submits that Ext.P5 settlement deed has not been produced by the petitioner for registration at all.

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I do not find any reason for the petitioner

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to approach this Court in this writ petition if the second respondent has not objected the registration of the document. Be that as it may, in the light of the stand now taken by the second respondent, the writ petition is disposed of directing the petitioner to present Ext.P5

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W.P.(C) No.8893 of 2017

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-2-

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settlement deed for registration on 12.06.2017 and if the document is presented for registration as directed above, the same shall be registered, if the same is otherwise in

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order.

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Sd/- P.B.SURESH KUMAR, JUDGE

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Neethu Anna Alexander v. the District Registrar, Ernakulam

Case brief

What is this about?

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Neethu Anna Alexander v. the District Registrar, Ernakulam

Case brief

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What did the court decide?

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