Sathyabhama Sukumaran Vs Village Officer — Kerala HC (2025) — LawSathi Research

Sathyabhama Sukumaran Vs Village Officer — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the 1st respondent (Village Officer, Pazhayannuar Village) to issue record of rights (RoR) regarding the property covered by Ext.P5 to the petitioner, at the latest within three weeks from receipt of a copy of the judgment.

Issue for consideration

Whether the petitioner, a prospective purchaser who seeks to register the sale deed for the property covered by Ext.P5, can be issued the record of rights (RoR) by the Village Officer despite the pendency of revenue recovery proceedings against one of the proposed transferors (Sri Manikandan).

Court's answer

It is settled law that pendency of revenue recovery proceedings is not a bar for transferring a property.

Ratio / Principle

The writ petition is disposed of by directing the 1st respondent (Village Officer) to issue record of rights regarding the property covered by Ext.P5 to the petitioner, at the earliest, at any rate within a period of three weeks from the date of receipt of a copy of the judgment.

Detailed headnote1 paragraphs

Kerala High Court (T.R. Ravi, J.), W.P.(C) No.8153 of 2025, decided 21.03.2025: A prospective purchaser (Sathyabhama Sukumaran) sought a direction to the Village Officer, Pazhayannuar to issue the record of rights (RoR) for a property she proposed to buy under a registered agreement for sale (Ext.P5, Agreement No.853/1/2022 dated 25.04.2022). The Village Officer had, by letter Ext.P7 dated 25.02.2025, informed the proposed transferors that revenue recovery proceedings were pending against one of them (Sri Manikandan). Stating that it is settled law that pendency of revenue recovery proceedings is not a bar for transferring a property, the Court disposed of the writ petition by directing the Village Officer to issue the RoR for the Ext.P5 property to the petitioner at the earliest, at any rate within three weeks of receipt of a copy of the judgment. Registration of the sale deed remains necessarily subject to any claim in the revenue recovery proceedings.

2025:KER:24543

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE T.R.RAVI

FRIDAY, THE 21ST DAY OF MARCH 2025/30TH PHALGUNA, 1946

WP(C) NO.8153 OF 2025

PETITIONER

SATHYABHAMA SUKUMARAN
AGED 50 YEARS
W/O SUKUMARAN, KODAVANPADATH HOUSE,
KUMBALAKKODE P.O, PAZHAYANNUR, THRISSUR DISTRICT.,
PIN - 680587

BY ADVS.

V.M.KRISHNAKUMAR
P.R.REENA

RESPONDENTS

1VILLAGE OFFICER
PAZHAYANNUAR VILLAGE, PAZHAYANNUR, VADAKKETHARA,
THRISSUR,
PIN - 680587
2SUB REGISTRAR
PAZHAYANNUR SUB REGISTRY PAZHAYANNUR, VADAKKETHARA,
THRISSUR,
PIN - 680587

SMT. DEEPA NARAYANAN, SR.GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

ADMISSION ON 21.03.2025, THE COURT ON THE SAME DAY

DELIVERED THE FOLLOWING:

W.P.(C). No.8153 of 2025

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2025:KER:24543

T.R. RAVI, J.

-------------------------------------------- W.P.(C). No.8153 of 2025

Dated this the 21 st day of March, 2025

JUDGMENT

The petitioner proposes to buy a property. The prayer in the writ petition is to direct the 1 st respondent to issue record of rights (RoR) regarding the property covered by Ext.P5. The Village Officer has by Ext.P7, informed the proposed transferors about the pendency of revenue recovery proceedings against one among them, Sri Manikandan. The petitioner seeks to register the sale deed which will necessarily be subject to any claim in the revenue recovery proceedings. It is settled law that pendency of revenue recovery proceedings is not a bar for transferring a property.

In the above circumstances, this writ petition is disposed of directing the 1 st respondent to issue record of rights regarding the property covered by Ext.P5 to the petitioner, at the earliest, at any rate, within a period of three weeks from the date of receipt of a copy of this judgment.

Sd/-

T.R. RAVI

JUDGE

Cak

W.P.(C). No.8153 of 2025

3

2025:KER:24543

APPENDIX OF WP(C) 8153/2025

PETITIONER’S EXHIBITS

EXHIBIT P1TRUE COPY OF THE JUDGMENT OF THIS
HON’BLE COURT IN WP(C).NO.39371/2023
DATED 26.07.2024
EXHIBIT P2TRUE COPY OF THE DECISION REPORTED IN
2018 (1) KHC 526 (MUHAMMED FAROOK V.
DISTRICT COLLECTOR, THRISSUR AND
OTHERS)
EXHIBIT P3TRUE COPY OF THE JUDGMENT REPORTED IN
2012 KHC 2981 (RIMMY V. STATE OF KERALA
AND OTHERS)
EXHIBIT P4TRUE COPY OF THE JUDGMENT IN
WP(C).NO.31292/2024 DATED 16.10.2024
EXHIBIT P5TRUE COPY OF REGISTERED AGREEMENT FOR
SALE NO.853/1/2022 DATED 25.04.2022
EXHIBIT P6TRUE COPY OF THE NOTIFICATION DATED
05.02.2025 ISSUED BY THE SUB COLLECTOR
THRISSUR
EXHIBIT P7TRUE COPY OF THE LETTER DATED
25.02.2025 OF THE VILLAGE OFFICER TO
MANIKANDAN