Allowed

Hariharan.M.K v. Sub Registrar

Kerala HC5 Mar 2019WP(C)/5230/2019

Case brief

AI extract

What is this about?

The High Court at Ernakulam held that the petitioner is entitled to a direction for the registration of a partition deed without insisting on a Right of Records certificate from the Village Officer, relying on the precedent set in Synudheen vs State of Kerala.

What did the court decide?

Direction to the 1st respondent to register the partition deed without insisting on Right of Records certificate from the Village Officer.

Hariharan.M.K Vs Sub Registrar — Property and Title | Kerala HC (2019)

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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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TUESDAY, THE 05TH DAY OF MARCH 2019 / 14TH PHALGUNA, 1940

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WP(C).No.5230 of 2019

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PETITIONERS:

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1 HARIHARAN.M.K AGED 80 YEARS

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S/O. MADATHINKAL KUMARAN, MADAVANA P.O, ERIYAD VILLAGE, KODUNGALLUR TALUK, THRISSUR DIST. 680 666

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2 PRAJITH KUMAR M.H.

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AGED 47 YEARS

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S/O. MADATHINKAL HARIHARAN M.K., MADAVANA P.O, ERIYAD VILLAGE, KODUNGALLUR TALUK, THRISSUR DIST.-680 666

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3 PRAMOD KUMAR M.H.

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AGED 43 YEARS S/O. MADATHINKAL HARIHARAN M.K., MADAVANA P.O, ERIYAD VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT.680 666

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BY ADV. SRI.C.K.SREEJITH

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RESPONDENTS:

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1 SUB REGISTRAR

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DEPARTMENT OF REGISTRATION, KODUNGALLUR, THRISSUR-680 666

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2 VILLAGE OFFICER

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KODUNGALLUR TALUK, THRISSUR-680 666

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3 DEPUTY TAHSILDAR, KODUNGALLOOR TALUK, THRISSUR-680 666

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4 THE ASSISTANT COMMISSIONER (ASSESSMENT) SPECIAL CIRCLE, COMMERCIAL TAX DEPARTMENT, THRISSUR-680 666

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5 THE DISTRICT COLLECTOR THRISSUR-680 666.

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6 STATE OF KERALA

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REP. BY SECRETARY TO GOVT., GOODS & SERVICE TAXES DEPARTMENT, TRIVANDRUM-695 001

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OTHER PRESENT:

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SRI.S GOPINATHAN, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No.5230/2019

J U D G M E N T

The petitioners approached this Court seeking a direction to the

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1^st respondent to register Ext.P2 partition deed without insisting Right

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of Records (ROR) certificate from the Village Officer.

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In the light of the judgment of this Court in Synudheen vs. State

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of Kerala (2013 (1) KLT 221), there shall be a direction to the 1^st respondent to register the partition deed in accordance with law without insisting ROR certificate from the Village Officer.

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This writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

JUDGE

smp

W.P.(C) No.5230/2019

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE REVENUE RECOVERY NOTICE ISSUED TO MR.PRAVEEN KUMAR THE PROPRIETOR OF M/S. KUMAR TRADERS, KODUNGALLUR. EXHIBIT P2 THE TRUE COPY OF THE DEED FOR REGISTRATION OF THE PARTITION DEED.

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RESPONDENTS' EXHIBITS: NIL.

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True Copy

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P.S to Judge

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smp

Hariharan.M.K v. Sub Registrar

Case brief

What is this about?

What did the court decide?

Hariharan.M.K v. Sub Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

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