Allowed

Sobhana Surendran v. the Sub Registrar

Kerala HC6 Mar 2024WP(C)/14824/2023

Case brief

AI extract

What is this about?

The Court held that the 1st Respondent (Sub Registrar) cannot insist on the production of a Rent Recovery (ROR) certificate for the purpose of registration. Petitioner is directed to have registration effected for the specified properties without being required to produce the ROR certificate.

What did the court decide?

The 1st Respondent is directed to register the petitioner's property without insisting on any ROR certificate.

Sobhana Surendran Vs the Sub Registrar — Writ and Judicial Review | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

¶4

WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945

¶5

WP(C) NO. 14824 OF 2023

¶6

PETITIONER:

¶7

SOBHANA SURENDRAN
AGED 60 YEARS
W/O.SURENDRAN, EDAPARAMBATH HOUSE, ADIMALY, IDUKKI
DISTRICT, PIN - 685561
BY ADVS.
BABU S. NAIR
SMITHA BABU

¶8

RESPONDENTS:

¶9

1 THE SUB REGISTRAR SUB REGISTRAR'S OFFICE, DEVIKULAM, IDUKKI DISTRICT, PIN - 685613

¶10

2 THE DEPUTY TAHSILDAR (RR) KERALA FINANCIAL CORPORATION, KATTAPPANA, IDUKKI DISTRICT, PIN - 685508

¶11

3 THE VILLAGE OFFICER MANNAMKANDAM VILLAGE, IDUKKI DISTRICT, PIN - 686561

¶12

4 THE TAHSILDAR DEVIKULAM TALUK, IDUKKI DISTRICT, PIN - 685613

¶13

5 THE CHIEF MANAGER KERALA FINANCIAL CORPORATION (K.F.C.), THODUPUZHA, IDUKKI DISTRICT , PIN-685584 (ADDITIONAL 5TH RESPONDENT IS IMPLEADED AS PER ORDER DATED 30.01.2024 IN I.A.2/2024 IN WP(C).

¶14

BY ADVS.
GOVERNMENT PLEADER
No Advocate
SHRI.M.R.VENUGOPAL, SC, KFC
DHANYA P.ASHOKAN

¶15

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
06.03.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶16

WP(C) No. 14824 of 2023 : 2 :

¶17

VIJU ABRAHAM , J.

¶18

=========================== WP(C) No. 14824 of 2023

¶19

============================ Dated this the 6^th day of March, 2024

¶20

J U D G M E N T

¶21

Petitioner has approached this Court seeking to quash Ext.P2 and also for a direction to respondent Nos.3 and 4 to issue ROR and effect mutation in respect of the properties of the petitioner comprised in R.S. No.869/3-3-2 and R.S. No.869/3-3-1 of Mannamkandam Village. Petitioner has also sought for a direction to the 1^st respondent to register the property belonging to petitioner comprised in R.S. No.869/3-3-2 and R.S. No.869/3-3-1 of Mannamkandam Village.

¶22

Petitioner submits that the ROR certificate was refused on the ground that the revenue recovery proceedings have been initiated in respect of another property and by Ext.P2 communication it was informed that, since revenue recovery proceedings have been initiated against the petitioner ROR cannot be issued and mutation cannot be effected in respect of the said property. Petitioner relies on the judgment in Jacob v. Village Officer [2020 (4) KLT 271], wherein this Court has held that for registration purpose insistence of ROR is only optional and cannot be made mandatory, and the registration officials concerned will not have jurisdiction to refuse

¶23

WP(C) No. 14824 of 2023 : 3 :

¶24

registration on the mere ground that party like the petitioner has not produced the ROR certificate.

¶25

Heard the learned Government Pleader also.

¶26

In the light of the declaration of law as stated above, I am of the view that the 1^st respondent registering authority cannot insist for production of an ROR certificate for registration requirement. It is made clear that if the deed is produced before the 1^st respondent for registration in respect of the property belonging to the petitioner, the same shall be considered in accordance with law without

¶27

insisting for any ROR certificate.

¶28

With the above said direction, the writ petition is disposed of.

¶29

Sd/-

¶30

VIJU ABRAHAM JUDGE

¶31

sbk/-

¶32

WP(C) No. 14824 of 2023 : 4 :

¶33

APPENDIX OF WP(C) 14824/2023

¶34

PETITIONER EXHIBITS
Exhibit P1A TRUE COPY OF THE NOTICE ISSUED UNDER THE
REVENUE RECOVERY ACT BY THE 2ND RESPONDENT
DATED, 12-7-2019
Exhibit P2A TRUE COPY OF THE COMMUNICATION ISSUED BY
THE 3RD RESPONDENT DATED, 13-4-2023
RESPONDENT EXHIBITS
Exhibit R5(a)True copy of the guarantee deed dated
14/01/2015 executed by the petitioner in
favor of the Corporation

Sobhana Surendran v. the Sub Registrar

Case brief

What is this about?

What did the court decide?

Sobhana Surendran v. the Sub Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Kathikeyan P N Vs Union of India

Shabeer C S Vs State of Kerala

Shabeer C S Vs State of Kerala

Ulladappilly Sajimon Vs State of Kerala

Dr.Mathew Zachariah Vs State of Kerala

Suresh Nk Vs the Taluk Land Board