Remanded

Ramesh Kumar.M. v. the Sub Registrar, Kottayi

Kerala HC3 Oct 2023WP(C)/2422/2023

Case brief

AI extract

What is this about?

The petitioner filed a writ petition regarding the return of a Gift Deed by the Sub Registrar for survey number correction. The Court directed the Sub Registrar to provide an opportunity of hearing to the petitioner for registration within two weeks, with orders to follow within one month, and disposed of the writ petition.

What did the court decide?

Directed the 1st respondent to afford an opportunity of hearing to the petitioner for registration of the Gift Deed within two weeks; orders to pass within one month.

Ramesh Kumar.M. Vs the Sub Registrar, Kottayi — Property and Title | Kerala HC (2023)

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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 MURALI PURUSHOTHAMAN
TUESDAY, THE 3RD DAY OF OCTOBER 2023 / 11TH ASWINA, 1945
WP(C) NO.2422 OF 2023

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PETITIONER:

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RAMESH KUMAR.M, AGED 53 YEARS
S/O.CHATHUKUTTY NAIR, CHETTIYAN KADU HOUSE,
PERINGOTTUKURUSSY P.O., PALAKKAD, PIN - 678574

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BY ADVS.

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SARATH M.S.
B.PREMNATH (E)

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RESPONDENTS:

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1 THE SUB REGISTRAR, KOTTAYI KOTTAYI P.O., PALAKKAD, PIN - 678572

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2 THE VILLAGE OFFICER PERINGOTTUKURUSSY II VILLAGE, PALAKKAD, PIN - 678631

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BY SRI.BIMAL K.NATH, SR.GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.10.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) NO.2422 OF 2023

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JUDGMENT

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The petitioner presented Ext.P5 Gift Deed
before the 1st respondent for registration, which
was returned to the petitioner vide Ext.P7 for
correcting the survey number from the revenue
authorities. The learned counsel for the
petitioner submits that the petitioner is in
possession of the property covered by the Gift
Deed and therefore the petitioner has got every
right to convey the possessory right in favour of
his son to whom the property is gifted. The
learned counsel further submits that the 1st
respondent, on the basis of Ext.P2 tax receipt,
Ext.P3 Possession Certificate and Ext.P4 thandaper
account, ought to have registered the Gift Deed
and ought not have returned the same for
correcting the survey number from the revenue
authorities.

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WP(C) NO.2422 OF 2023 3

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2. A statement has been filed on behalf of the
1st respondent, wherein it is stated that the
document has only been returned and not rejected,
and if the petitioner produces valid certificate
from the revenue officials, so as to ensure that
the property gifted through the said document is
the right one, the Gift Deed can be registered.

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3. Heard the learned counsel for the
petitioner as well as the learned Government
Pleader appearing for the respondents.

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4. Since it is submitted that the 1st
respondent has not declined to register the
document, but has only returned the document to
get valid certificate from the revenue officials,
this Court feels it to be appropriate to give an
opportunity to the petitioner to substantiate his
contentions before the 1st respondent.

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5. Accordingly, there will be a direction to

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WP(C) NO.2422 OF 2023 4

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the 1st respondent to afford an opportunity of
hearing to the petitioner for the purpose of
advancing his contentions for registration of Gift
Deed. The petitioner shall be given due notice of
hearing by the 1st respondent within a period of
two weeks from the date of receipt of a certified
copy of this judgment and orders thereon shall be
passed within a period of one month, thereafter.

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The writ petition is disposed of as above.

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Sd/-

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MURALI PURUSHOTHAMAN

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 JUDGE

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sp/03/10/2023

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WP(C) NO.2422 OF 2023

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APPENDIX

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PETITIONER'S EXHIBITS:-

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`EXHIBIT P1`	`TRUE COPY OF THE PURCHASE CERTIFICATE` `NO.392/1976 DATED 21.06.1976 ISSUED BY THE` `LAND TRIBUNAL, OTTAPPALAM IN THE NAME OF` `PETITIONER'S PREDECESSOR, CHATHUKUTTY NAIR`
`EXHIBIT P2`	`TRUE COPY OF THE TAX RECEIPT DATED 05.07.2022` `ISSUED TO THE PETITIONER FROM VILLAGE OFFICE,` `PERINGOTTUKURISSY II`
`EXHIBIT P3`	`TRUE COPY OF THE POSSESSION CERTIFICATE DATED` `07.12.2022 ISSUED TO THE PETITIONER FROM` `VILLAGE OFFICE, PERINGOTTUKURISSY II`
`EXHIBIT P4`	`TRUE COPY OF THE THANDAPER ACCOUNT WITH` `RESPECT TO NO.4405 DATED 11.02.2022 ISSUED TO` `THE PETITIONER FROM VILLAGE OFFICE,` `PERINGOTTUKURISSY II`
`EXHIBIT P5`	`TRUE COPY OF THE GIFT DEED DATED 15.10.2022` `EXECUTED BY PETITIONER IN THE NAME OF` `SREEHARI.A.`
`EXHIBIT P6`	`TRUE COPY OF THE ONLINE APPLICATION PREFERRED` `BY THE PETITIONER DATED 15.10.2022 BEARING` `TOKEN NO.T6479735`
`EXHIBIT P7`	`TRUE COPY OF THE NOTE OF THE 1ST RESPONDENT` `DATED 13.12.2022 TO RESUBMIT THE DOCUMENT` `AFTER CORRECTING THE SURVEY NUMBER FROM` `REVENUE AUTHORITIES`
`EXHIBIT P8`	`TRUE COPY OF THE REPLY OF THE VILLAGE` `OFFICER,` `PERINGOTTUKURUSSY` `II` `DATED` `14.11.2022`
`EXHIBIT P9`	`TRUE COPY OF THE JUDGMENT DATED 16.02.2018 IN` `W.P.(C) NO.2871/2018 OF THE HON'BLE HIGH` `COURT OF KERALA`

Ramesh Kumar.M. v. the Sub Registrar, Kottayi

Case brief

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Ramesh Kumar.M. v. the Sub Registrar, Kottayi

Case brief

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What did the court decide?

What the court decided

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