The court allowed the writ petition, directing the Sub-Registrar to register the sale deed and the Village Officer to initiate transfer of registry, subject to adherence to Kerala Land Reforms Act proceedings.
Direction to 4th respondent to register sale deed and 5th respondent to initiate steps for Transfer of Registry.
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 T.R.RAVI
WEDNESDAY, THE 15TH DAY OF JUNE 2022 / 25TH JYAISHTA, 1944
WP(C) NO. 11269 OF 2022
PETITIONER:
ASAHARUDDEEN.K.K AGED 35 YEARS S/O MOHAMED C, AFSEENAS, POKKUNDU, P.O. KURUMATHUR, KANNUR - 670142
BY ADVS. ABDUL RAOOF PALLIPATH K.R.AVINASH (KUNNATH) E.MOHAMMED SHAFI
RESPONDENTS:
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5 THE VILLAGE OFFICER, KURUMATHUR VILLAGE TALIPARAMBA, P.O, KANNUR - 670142
SMT. C. S. SHEEJA, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11269 OF 2022
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JUDGMENT
Admit. Government Pleader takes notice for the respondents.
WP(C) NO. 11269 OF 2022
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the registration of the land. I find considerable force in the contentions put forward by the petitioner. In Ext.P8 judgment, this Court made it clear that the petitioner and the transferees will be bound to adhere with the proceedings of the land ceiling cases and will be bound by provisions of the Kerala Land Reforms Act.
In the result, the writ petition is allowed. There will be a direction to the 4th respondent to register any Sale Deed pursuant to Ext.P5 sale agreement which may be presented before him, if the same is otherwise in order and based on such registration the 5th respondent is directed to initiate steps for Transfer of Registry in the name of the person entitled to the same. Needless to say that the rights of the Government to initiate steps or to continue steps under the Land Reforms Act is not in any way affected by this judgment or by the registration which may be carried out.
Sd/- T.R.RAVI JUDGE
mpm
WP(C) NO. 11269 OF 2022
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APPENDIX OF WP(C) 11269/2022
PETITIONER EXHIBITS
| Exhibit P1 | TRUE COPY OF THE ASSIGNMENT DEED NO. 4081/1 DATED 24.12.2016 OF SRO, TALIPARAMBA |
|---|---|
| Exhibit P2 | TRUE COPY OF THE ASSIGNMENT DEED NO. 3607/1 DATED 25.10.2016 OF SRO TALIPARAMBA |
| Exhibit P3 | TRUE COPY OF THE PURCHASE CERTIFICATE NO. 1071/1976 |
| Exhibit P4 | TRUE COPY OF THE LAND REVENUE PAYMENT RECEIPT DATED 24.3.22 ISSUED BY THE 5TH RESPONDENT |
| Exhibit P5 | TRUE COPY OF THE SALE AGREEMENT DATED 23.3.2022 |
| Exhibit P6 | TRUE COPY OF THE ORDER DATED 29.7.2021 ISSUED BY THE 1ST RESPONDENT |
| Exhibit P7 | TRUE COPY OF THE JUDGMENT IN WPC 24145/2019 DATED 26.9.19 OF THIS HON'BLE COURT |
| Exhibit P8 | TRUE COPY OF THE JUDGMENT WPC 1267/2021 OF THIS HON'BLE COURT |
| Exhibit p9 | TRUE COPY OF THE STAY ORDER DATED 14.9.2020 PASSED BY THIS HON'BLE COURT IN WPC 18714/2020 |
2 issues framed by the court
Whether the Director of Land Reforms can prohibit registration under Section 120A of the Kerala Land Reforms Act.
Whether a valid registration under Section 120A affects the State's rights under the Land Reforms Act.
Colour shows how this judgement treated each authority
Unspecified Judgments of this CourtRelied on¶24
Exts.P7, P8
1 provisions across 1 enactments
ASAHARUDDEEN.K.K
THE DISTRICT COLLECTOR, KANNUR DISTRICT COLLECTOR'S OFFICE, THAVAKKARA ROAD, KANNUR
THE THALUK LAND BOARD, TALIPARAMBA
THE TAHSILDAR, TALIPARAMBA
THE SUB REGISTRAR, TALIPARAMBA
THE VILLAGE OFFICER, KURUMATHUR VILLAGE
T.R. RAVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
