Held that registration of sale deed cannot be hindered by insisting on prior permission from Sub Collector. Right to transfer is incidental to ownership; authorities may act on violations but cannot embargo transfer.
Writ petition allowed; restriction on registration of deed by insisting on prior permission set aside.
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 A.MUHAMED MUSTAQUE
THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941
WP(C).No.439 OF 2020(D)
PETITIONERS:
1 KATHIRESHAN, AGED 49 YEARS, S/O.SELVARAJ, WEST DIVISION, LETCHIMI ESTATE, KANNAN DEVAN HILLS, IDUKKI.
BY ADV. SRI.S.NIDHEESH
RESPONDENTS:
CIVIL STATION, IDUKKI- 685 602.
BY ADV.SRI. S GOPINATHAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.439 OF 2020
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JUDGMENT
Dated this the 23rd day of January 2020
The petitioners claims that they are absolute owners and possessors of land of Marayoor Village in Idukki District. The petitioners want to alienate the land by executing a deed in favour of the intending buyer. They approached this Court pointing out Ext.P7 communication dated 02.08.2019 issued by the second respondent-Sub Collector insisting prior permission for registration of the deed from the Sub Collector.
take action against such owners in accordance with law. However, there cannot be any embargo to any owner from transferring his right in accordance with law.
WP(C).No.439 OF 2020
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communication, if the petitioners present any document for registration, that shall be taken up for consideration in accordance with law without insisting production of prior permission by the Sub Collector.
The writ petition is disposed of as above.
Sd/A.MUHAMED MUSTAQUE JUDGE
akv/24.01.2020
WP(C).No.439 OF 2020
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SALE DEED DATED 15.02.2019. EXHIBIT P2 TRUE COPY OF THE SALE DEED DATED 22.01.2018. EXHIBIT P3 TRUE COPY OF THE LAND TAX RECEIPT DATED 30.05.2019. EXHIBIT P4 TRUE COPY OF THE SALE DEED DATED 21.01.2009. EXHIBIT P5 TRUE COPY OF THE SALE DEED DATED 17.12.2018. EXHIBIT P6 TRUE COPY OF THE LAND TAX RECEIPT DATED 19.01.2019. EXHIBIT P7 TRUE COPY OF THE ORDER/COMMUNICATION OF THE 2ND RESPONDENT DATED 02.08.2019. EXHIBIT P8 TRUE COPY OF THE REQUEST OF THE 2ND PETITIONER DATED 16.08.2019. EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN W.P(C)31673/19 DATED 18.12.2019.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether the Sub Collector can insist on production of prior permission before registration of the sale deed.
1 provisions across 1 enactments
Kathireshan
The District Collector
A.Muhamad Mustaque
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
