The petitioner sought correction of survey and village numbers in a registered sale deed by the Sub Registrar. The Court held that such corrections require a rectification deed executed by the parties to the document. The writ petition was dismissed.
None. Writ petition dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
WP(C) NO. 2151 OF 2024
PETITIONER:
1USMAN SHA
AGED 50 YEARS
S/O ABU HAMEED, CHINNAKKALAM HOUSE, KIZHAKKETHAL,
KODUVAYUR, PALAKKAD, PIN - 678501
BY ADVS.
SARATH M.S.
B.PREMNATH (E)
RESPONDENTS:
1 THE SUB REGISTRAR SUB REGISTRAR'S OFFICE, KODUVAYUR PALAKKAD, PIN - 6785012 THE VILLAGE OFFICER PUDUNAGARAM VILLAGE OFFICE, PALAKKAD, PIN - 6785033 THE VILLAGE OFFICER VILLAGE OFFICE, KODUVAYUR-1, KODUVAYUR-1 VILLAGE, PALAKKAD, PIN - 6785034 KUNJUMON S/O P.K. MOITHEEN, HOUSE NO.15, SBI COLONY, CHEVAAYUR, KOZHIKKOD, PIN – 670017BY ADV.SRI.AJITH VISWANATHAN, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C.) No.2151 of 2024
2
C.JAYACHANDRAN, J.
W.P.(C.) No.2151 of 2024
Dated this the 06th day of June, 2024
JUDGMENT
The petitioner approached the respondent/Sub Registrar to effect correction as regards the village and re-survey number in Ext.P1 sale deed. When the petitioner approached the respondent/Sub-Registrar, he was informed that survey number and the village concerned cannot be corrected, except by way of a rectification deed executed by the parties to the document. It is aggrieved by the said reply that the petitioner approached this Court.
W.P.(C.) No.2151 of 2024
3
a rectification deed by the parties to Ext.P1. The present relief sought for to the effect that the Registrar concerned shall cause such corrections to be made, without the junction of the executant, can hardly be sustained in law.
In the circumstances, this Writ Petition will stand dismissed, without prejudice to the right of the petitioner to get the rectification deed executed in accordance with law.
Sd/-
C. JAYACHANDRAN
JUDGE
SKP/06-06
W.P.(C.) No.2151 of 2024
4
APPENDIX OFPETITIONER’S EXHIBITS: |
WP(C) |
2151/2024 |
|---|---|---|
EXHIBIT P1TRUE COPY24.11.2011 |
OF THEEXECUT |
TITLE DEED NO.3708/2011 DATEDED IN THE NAME OF PETITIONER |
EXHIBIT P2TRUE COPYBY VILLAGEIN FAVOUR O |
OF THEOFFICF THE |
CERTIFICATE NO.312/2023 ISSUEDER, PUDUNAGARAM DATED 3/7/2023PETITIONER |
EXHIBIT P3TRUE COPYPETITIONERDATED 6/12/ |
OF THTO2023 |
E REPRESENTATION SUBMITTED BYTHE SUB-REGISTRAR, KODUVAYUR |
EXHIBIT P4TRUE COPYISSUED BYPETITIONER |
OF LESUB- |
TTER NO.78/23 DATED 6/12/2023REGISTRAR, KODUVAYUR TO THE |
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A. TO JUDGE
1 issue framed by the court
Whether the Sub Registrar can correct survey and village numbers in a sale deed without the executant's consent?
Usman Sha
The Sub Registrar, Sub Registrar's Office, Koduvayur, Palakkad
The Village Officer, Pudunagaram Village Office, Palakkad
The Village Officer, Village Office, Koduvayur-1, Koduvayur-1 Village, Palakkad
Kunjumon S/o P.K. Moitheen
C. Jayachandran
As recorded by the court registry
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