Writ petition challenging refusal to register a gift deed due to a ban order. Court held revenue officials cannot interdict registering authority. Petitioner directed to register document.
Writ petition allowed; 4th respondent directed to accept and register the original of Ext.P5 draft gift deed in accordance with law.
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.
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WP(C) NO. 13215 OF 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943 WP(C) NO. 13215 OF 2021
PETITIONER/S:
T.M.THOMAS, AGED 55 YEARS, S/O.T.J. MATHEW, RESIDING AT THUMPASSERY ESTATE, AREEPLACHY P.O, KARAVALOOR VILLAGE, KOLLAM DISTRICT, PIN - 691333.
BY ADVS. C.M.ANDREWS SHYAM PADMAN HARISH ABRAHAM LAYA MARY JOSEPH
RESPONDENT/S:
1 THE DISTRICT COLLECTOR, KANNUR - 670002. 2 THE TALUK LAND BOARD (TALIPARAMBA) REPRESENTED BY ITS CHAIRMAN & DEPUTY COLLECTOR (L.A), KANNUR - 670002. 3 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001. 4 THE SUB REGISTRAR TALIPARAMBA, KANNUR - 670141. SRI SAYED M THANGAL, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13215 OF 2021
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J U D G M E N T
Being aggrieved by the refusal on the part of the 4th respondent in registering Ext.P5 gift deed presented by the petitioner before the said authority, the petitioner is before this Court seeking directions.
(i) Declare that the petitioner is entitled to transfer the property covered by Exts.P1 and P2 to any person and get the said document to transfer, registered under the provisions of the Kerala Registration Act;
(ii) Issue a writ of mandamus, or any other appropriate writ, direction or order, directing the 4th respondent to register Ext.P5 Gift Deed executed by the petitioner in favour of his sister as and when the smse is presented for registration before the 4th respondent, in accordance with law.
WP(C) NO. 13215 OF 2021 3
considered the submissions advanced. A Division Bench of this court in Selvam M. and Others v. State of Kerala [2010 (1) KHC 581] had considered the question as to whether the registering authority can be interdicted from registering a sale deed on the ground that the subject matter of the document is suspected to be revenue puramboke land. After considering the entire conspectus of the law on the subject, it was held that going by the provisions contained in the Registration Act and the Rules framed thereunder, such an embargo or interdiction cannot be placed by the revenue officials on the registering officers. In the case on hand, the specific allegation is that proceedings under Section 85 (A) of the Kerala Land Reforms Act have been initiated against one Kattakayam Cherian Joseph for not filing ceiling returns and those proceedings are pending. However, the same may not be a reason for refusing to register the deed. The same view has been taken by this Court in judgment dated 11.7.2021 in W.P.(C) No. 23425/2008 and judgment dated 29.4.2014 in W.P.(C) No. 15284/2016.
Resultantly, this writ petition is disposed of directing the 4th respondent to accept the original of Ext.P5 document presented for registration by the petitioner and register the same in accordance with law. However, this shall be without prejudice to the rights of respondents
WP(C) NO. 13215 OF 2021
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1 to 3 to initiate appropriate proceedings against the properties.
RAJA VIJAYARAGHAVAN V,
JUDGE
sru
WP(C) NO. 13215 OF 2021 5
APPENDIX OF WP(C) 13215/2021
PETITIONER(S) EXHIBITS
| Exhibit P1 | TRUE COPY OF SALE DEED NO. 1112/1985 OF SUB REGISTRAR'S OFFICE, TALIPARAMBA. |
|---|---|
| Exhibit P2 | TRUE COPY OF PURCHASE CERTIFICATE NO. 7270/1976 DATED 09.11.1976. |
| Exhibit P3 | TRUE COPY OF CHALLAN DATED 05.10.2019 EVIDENCING REMITTANCE OF LAND TAX BY PETITIONER ISSUED FROM THE VILLAGE OFFICE, KURUMATHOOR. |
| Exhibit P4 | TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 08.02.2019 IN RESPECT OF THE PETITIONER'S PROPERTY. |
| Exhibit P5 | TRUE COPY OF THE DRAFT GIFT DEED PREPARED BY THE PETITIONER IN FAVOUR OF HIS SISTER. |
| Exhibit P6 | TRUE COPY OF THE COMMUNICATION UNDER REFERENCE C. NO.358/673/TBA (3) DATED 05.11.1993 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT. |
| Exhibit P7 | TRUE COPY OF THE JUDGMENT DATED 11.07.2011 IN WP(C) NO. 23425/2008 OF THIS HON'BLE COURT. |
| Exhibit P8 | TRUE COPY OF THE JUDGMENT DATED 29.04.2016 IN WP(C) NO. 15284/2016 OF THIS HON'BLE COURT. |
RESPONDENT(S) EXHIBITS : NIL
3 issues framed by the court
Whether a ban order by the Chairman of the Taluk Land Board preventing registration of a gift deed is valid?
Whether proceedings initiated under Section 85(A) of the Kerala Land Reforms Act bar registration of a transfer deed?
Whether the petitioner is entitled to a directive to register the draft gift deed presented?
Colour shows how this judgement treated each authority
Selvam M. and Others v. State of KeralaExplained¶20
Selvam M. and Others v. State of Kerala [2010 (1) KHC 581]
W.P.(C) No. 23425/2008Followed¶20
W.P.(C) No. 23425/2008
W.P.(C) No. 15284/2016Followed¶20
W.P.(C) No. 15284/2016
1 provisions across 1 enactments
T.M. Thomas
District Collector, Kannur
Taluk Land Board (Taliparamba)
State of Kerala
Sub Registrar Taliparamba
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
