Petition challenging refusal to register document without ROR Certificate. Court held as document not yet presented, grievance premature. Granted liberty to present document within two weeks for subsequent consideration.
Liberty granted to petitioner to present document within two weeks for registration consideration.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 3RD DAY OF JANUARY 2022 / 13TH POUSHA, 1943
WP(C) NO. 30214 OF 2021
PETITIONERS:
VANDITHA MANI NAMBIAR AGED 52 YEARS W/O SALILDHAR, TC 31/944(1), PUTHENTODE, PALCULANGARA P.O.THIRUVANANTHAPURAM, REP BY POWER OF ATTORNEY HOLDER HER FATHER VIKRAMAN MANI @ P.M.MANY AGED 82 YEARS, S/O P.K. THIRUMULPAD, TC 31/944 (1) PUTHENTODE, PALKULANGARA P.O.PIN-695 024, THIRUVANANTHAPURAM K.R.CHANDRANDHAN PILLAI BY ADV ANOOP KRISHNA
RESPONDENTS:
1 VILLAGE OFFICER OFFICE OF THE VILLAGE OFFICE, THEKKUMKARA, THEKKUM KARA, MUKUNDHAPURAM TALUK, PIN-680 589, THRISSUR DISTRICT 2 SUB REGISTRAR, OFFICE OF THE SUB REGISTER, VADAKUMKARA P.O.VADAKUMKARA, PIN-680 662. THRISSUR, DISTRICT 3 MANJUSHARANJITH AGED 40 YEARS W/O RANJITH, SANTHIMADOM, THEKENALUVASHI, N PARAVUR P.O. PIN-683 513, ERNAKULAM DISTRICT
OTHER PRESENT:
SMT. DEEPA.N. SR G P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner has approached this Court alleging that the 2nd respondent – Sub Registrar is refusing to register the document presented with respect to his property, the details of which have been stated in the pleadings of this writ petition, solely for the reason that he had not obtained a Record of Rights (ROR) Certificate from the Competent Authority.
WP(C) NO. 30214 OF 2021
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Government Pleader, submitted that this writ petition has been filed with a speculative cause of action because, the petitioner has not produced the document for registration before the 2nd respondent as of now. She submitted that it is only when the document is presented, can the said Authority take a decision whether a ROR Certificate is necessary; and that, while doing so, he will certainly keep in mind the declarations of law in
Jacob P.C. (supra).
Resultantly, I order this writ petition and grant liberty to the petitioner to present the document, which he intends to register, before the 2nd respondent; and if this is done within a period of two weeks from the date of receipt of a copy of this
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WP(C) NO. 30214 OF 2021
judgment, the said Authority will consider the same, adverting specifically to Jacob P.C. (supra), and after affording necessary opportunity of being heard to the petitioner; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than one week thereafter.
Sd/DEVAN RAMACHANDRAN JUDGE
ANB
WP(C) NO. 30214 OF 2021
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APPENDIX OF WP(C) 30214/2021
PETITIONER EXHIBITS
| Exhibit P1 | TRUE COPY OF THE EXECUTION APPLICATION IN EP NO 118/2017 IN OS NO 56/2014 ON THE FILE OF THE ADDL SUB COURT (DECREE TRASFERED FROM CHAVAKAD SUB COURT) |
|---|---|
| Exhibit P2 | TRUE COPY OF SALE DEED EXECUTED BY ADDL SUB JUDGE IRINJALAKUDA IN FAVOUR OF THE PETITIONER |
| Exhibit P3 | TRUE COPY OF THE MEDICATION AGREEMENT EXECUTED BEFORE THE MEDICATION CENTRE IRINJALAKUDA COURT DATED 22.9.2021 |
| Exhibit P4 | TRUE COPY OF DECREE IN OS NO 56/2014 DATED 30.8.2016, ON THE FILE OF THE CHAVAKKAD SUB COURT |
| Exhibit P5 | TRUE COPY OF THE ENCUMBRANCE CERTIFICATE ISSUED BY 2ND RESPONDENT |
| Exhibit P6 | TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE PETITIONER |
| Exhibit P7 | TRUE COPY OF THE BUILDING TAX RECEIPT BY THE GRAMA PANCHAYAT VELLANGALLOR OF THE BUILDING OF THE PETITIONER ON 18.11.2021 |
2 issues framed by the court
Whether the writ petition is maintainable before the document is presented for registration and rejected by the 2nd respondent.
Whether to grant liberty to the petitioner to present the document for registration within a specified timeframe.
Colour shows how this judgement treated each authority
Jacob P.C. V. Village Officer, Eranakulam and anotherReferred¶17
Jacob P.C. V. Village Officer, Eranakulam and another (2020(4) KHC 167)
VANDITHA MANI NAMBIAR
VILLAGE OFFICER OFFICE OF THE VILLAGE OFFICE, THEKKUMKARA
MANJUSHARANJITH
SUB REGISTRAR, OFFICE OF THE SUB REGISTER, VADAKUMKARA
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
