Dismissed

Fysal Rahiman K v. State of Kerala

Kerala HC7 Jun 2024WP(C)/1032/2024

Case brief

AI extract

What is this about?

Two petitioners sought registration of rectification deeds correcting clerical errors in sale deeds regarding Land Tribunal proceedings and purchase certificate numbers. The Sub Registrar refused because the deeds relied on a 2007 Power of Attorney whose executants' status was uncertain and one was deceased. The court agreed the aged POA could not validly support the 2023 rectification and dismiss

What the court decided

AI extract

Fysal Rahiman K Vs State of Kerala — Landlord and Tenant | Kerala HC (2024)

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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 C. JAYACHANDRAN

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FRIDAY, THE 7^TH DAY OF JUNE 2024/17TH JYAISHTA, 1946

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WP(C) NO.60 OF 2024

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PETITIONER:

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K.M. ABOOBACKER, AGED 71 YEARS, ZERINA MANZIL, KOZHIPARAMBIL HOUSE, KALATHODU, OLLOOKKARA P.O., THRISSUR, PIN – 680655.

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BY ADV.SHABU SREEDHARAN

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPT. OF REGISTRATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.

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2 THE SUB REGISTRAR, PALAKKAD KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD, PIN – 678013.

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3 SREENIVASAN, SIVAPRABHA BHAVANAM, PARUTHIKKAVIL, THATHAMANGALAM P.O., CHITTOOR TALUK, PALAKKAD, PIN – 678102.

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BY ADVS. GOPIKA P. VINAYAK G MENON(K/1013/2016) AJITH VISWANATHAN, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.06.2024, ALONG WITH WP(C).1032/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C) Nos.60 & 1032 of 2024

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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 C. JAYACHANDRAN

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FRIDAY, THE 7^TH DAY OF JUNE 2024/17TH JYAISHTA, 1946 WP(C) NO.1032 OF 2024

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PETITIONER:

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FYSAL RAHIMAN.K, AGED 66 YEARS, KOZHAKKANIYIL HOUSE, PERUMBADAPPU P.O., MALAPPURAM, PIN – 679580.

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BY ADV.SHABU SREEDHARAN

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPT. OF REGISTRATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695601.

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2 THE SUB REGISTRAR, PALAKKAD, KENATHUPARAMBU, KUNNATHURMEDU, PALAKKAD, PIN – 678013.

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3 SANTHOSH KUMAR, S/O.SUKUMARAN, VATTAYAR KOLUMBUKALATHIL HOUSE, VERKOLI P.O., POLPPULLI, PALAKKAD, PIN – 678552.

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BY ADV. AJITH VISWANATHAN, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.06.2024, ALONG WITH WP(C).60/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C) Nos.60 & 1032 of 2024

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JUDGMENT

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Dated, this the 7^th day of June, 2024

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Both these Writ Petitions were preferred by the respective petitioners alleging illegality on the part of the 2^nd respondent/Sub Registrar in refusing to register a rectification deed (produced at Ext.P8 in W.P.(C) No.60/2024 and Ext.P11 in W.P.(C) No.1032/2024).

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2. The rectification sought for was with respect to an error in the number of the S.M.Proceedings of the Land Tribunal, Palakkad, as also, in the number of the purchase certificate issued by the said authority. The registration of the rectification deed was refused on the premise that the same was executed by the Power of Attorney holder, who claims to have derived power under a Power of Attorney executed in the year

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W.P(C) Nos.60 & 1032 of 2024

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2007. In the counter affidavit preferred by the 2^nd respondent/Sub Registrar, it is inter alia stated that one among the executants of the Power of Attorney is no more now, wherefore, the Power of Attorney has become invalid.

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3. Heard the learned counsel for the petitioners

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and the learned Government Pleader on behalf of respondent nos.1 and 2. Perused the records.

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4. The essential facts are to be noted are as follows:

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W.P.(C) No.60/2024

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Ext.P1 patta was issued by the Land Tribunal in respect of property having an extent of 70.40 ares in the joint names of one Kittu and 11 others. Ext.P1 patta was bearing no.186/2006, which was issued on the basis of S.M.Proceedings

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bearing no.616/2005. The above referred 12 persons executed Ext.P2 Power of Attorney in

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W.P(C) Nos.60 & 1032 of 2024

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favour of the 3^rd respondent bestowing upon him the power to deal with, manage and also to execute sale deeds with respect to the said extent of land. Accordingly, Ext.P3 sale deed was executed by the 3^rd respondent/power holder in favour of the petitioner, Sri.K.M.Aboobacker. Petitioner is presently the absolute owner in possession of the landed property covered by Ext.P3. While executing Ext.P3 document, an inadvertent clerical error occurred on the part of the document writer. Instead of the correct S.M.Proceedings no.616/2005, it was erroneously stated as 615/2005. Similarly, the purchase

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certificate number was wrongly entered as 185/2006, instead of the correct number, 186/2006. It is in such circumstances, the petitioner approached the 2^nd respondent with Ext.P8 rectification deed, which was also executed by the Power of Attorney holder under Ext.P2. The registration was, however, refused on

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W.P(C) Nos.60 & 1032 of 2024

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the premise that a rectification deed was sought to be executed in the year 2023, on the strength of a Power of Attorney executed in the year 2007. It is not known whether the principal persons, who executed the Power of Attorney, are now alive or not and Ext.P2 Power of Attorney is valid at present.

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W.P.(C) No.1032/2024

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The facts are similar to the facts in W.P.(C) No.60/2024, except for a change that the petitioner in the subsequent Writ Petition got title to the property as per Ext.P5 sale deed, that is to say, after two successive transactions pursuant to Ext.P3. In other words, acting upon Ext.P2 Power of Attorney, the property was sold vide Ext.P3 sale deed, which was again re-conveyed vide Ext.P4 in favour of one P.K.Abdul Jaleel. Thereafter, vide Ext.P5, the property was sold to the present petitioner. The

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W.P(C) Nos.60 & 1032 of 2024

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averments with respect to the mistake in Ext.P3, which is the first sale deed executed in pursuant to Ext.P2 Power of Attorney, is the same in this Writ Petition, as well. The reasons for refusal for Ext.P11 rectification deed are also the same.

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5. Having heard the learned counsel appearing

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for the respective parties, this Court finds no merit in these Writ Petitions. As rightly pointed out in the counter affidavit preferred by the 2^nd respondent/Sub Registrar, Ext.P2 Power of Attorney is of the year 2007. The rectification is sought to be executed in the year 2023. There is considerable time gap. It is not known whether the executants of Ext.P2 Power of Attorney are now alive, and also, as to whether the power conferred to the Power of Attorney holders (3^rd respondent in both the Writ Petitions) are still available. It is relevant to note that the power was granted to manage the properties, and also,

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W.P(C) Nos.60 & 1032 of 2024

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for effecting its sale at a price fixed by the Power of Attorney holder. Once the same is done, the power cease to exist, ordinarily. Without having clarity with respect to the above referred aspects, the rectification deed cannot be executed by the Power of Attorney holder, who claims power under a document executed in the year 2007. That apart, it has been pointed out by the learned Government Pleader that one among the executants of Ext.P2 Power of Attorney is now no more. The same would constitute an added reason as to why Ext.P2 Power of Attorney cannot be taken stock of and acted upon at this distance of time.

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In the circumstances, these Writ Petitions fail and the same would stand dismissed.

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Sd/-

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C.JAYACHANDRAN, JUDGE

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W.P(C) Nos.60 & 1032 of 2024

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APPENDIX OF WP(C) 60/2024

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PETITIONER'S EXHIBITS:

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EXHIBIT-P1 THE TRUE COPY OF THE PATTA ISSUED BY THE LAND TRIBUNAL, PALAKKAD DATED 12.6.2006.

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EXHIBIT-P2 THE TRUE COPY OF THE POWER OF ATTORNEY DATED 21.2.2007. EXHIBIT-P3 THE TRUE COPY OF THE SALE DEED WITH NO. 7065/2007 OF SRO, PALAKKAD DATED 1.9.2007. EXHIBIT-P4 THE TRUE COPY OF THE TAX RECEIPT ISSUED FROM THE KODUMBU VILLAGE OFFICE DATED 17.4.2023.

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EXHIBIT-P5 THE TRUE COPY OF THE THANDAPER ACCOUNT DATED 16.8.2023.

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EXHIBIT-P6 THE TRUE COPY OF THE POSSESSION CERTIFICATE DATED 5.9.2023. EXHIBIT-P7 THE TRUE COPY OF THE CERTIFICATE OF ENCUMBRANCE FOR THE PERIOD FROM 1.1.1993 TO 11.12.2023.

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EXHIBIT-P8 THE TRUE COPY OF THE DRAFT RECTIFICATION DEED DATED 26.12.2023.

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W.P(C) Nos.60 & 1032 of 2024

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APPENDIX OF WP(C) 1032/2024 PETITIONER'S EXHIBITS:

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EXHIBIT-P1	THE TRUE COPY OF THE PATTA ISSUED FROM THE LAND TRIBUNAL, PALAKKAD DATED 12.6.2006.
EXHIBIT-P2	THE TRUE COPY OF THE POWER OF ATTORNEY DATED 21.2.2007.
EXHIBIT-P3	THE TRUE COPY OF THE SALE DEED WITH NO. 7066/2007 OF SRO, PALAKKAD DATED 1.9.2007.
EXHIBIT-P4	THE TRUE COPY OF THE SALE DEED NO. 2441/2011 OF SRO, PALAKKAD DATED 4.4.2011.
EXHIBIT-P5	THE TRUE COPY OF THE SALE DEED NO. 1377/I/2023 OF SRO, PALAKKAD DATED 15.3.2023.
EXHIBIT-P6	THE TRUE COPY OF THE ONE AND THE SAME CERTIFICATE DATED 8.1.2024 ISSUED FROM THE PERUMPADAPPA VILLAGE OFFICE.
EXHIBIT-P7	THE TRUE COPY OF THE TAX RECEIPT ISSUED FROM THE KODUMBU VILLAGE OFFICE DATED 18.4.2023.
EXHIBIT-P8	THE TRUE COPY OF THE THANDAPER ACCOUNT ISSUED FROM THE KODUMBU VILLAGE OFFICE DATED 16.8.2023.
EXHIBIT-P9	THE TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED FROM THE KODUMBU VILLAGE OFFICE DATED 6.9.2023.
EXHIBIT -P10	THE TRUE COPY OF THE CERTIFICATE OF ENCUMBRANCE ISSUED BY THE 2ND RESPONDENT FOR THE PERIOD FROM 1.1.1993 TO 11.12.2023.
EXHIBIT -P11	THE TRUE COPY OF THE DRAFT RECTIFICATION DEED DATED 26.12.2023.

Fysal Rahiman K v. State of Kerala

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Fysal Rahiman K v. State of Kerala

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