Kerala High Court
Varghese vs The Sub Registrar
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 31ST DAY OF JANUARY 2017/11TH MAGHA, 1938
WP(C).No. 14661 of 2016 (G)
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PETITIONER(S) :
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1. VARGHESE,
AGED 74 YEARS, S/O. XAVIER AND CLARA,
RESIDING AT CC 11/235C, FORTKOCHI, KOCHI, PIN-682 001.
2. JOHN,
AGED 65 YEARS, S/O. XAVIER AND CLARA,
RESIDING AT CC 11/235C, FORTKOCHI, KOCHI, PIN-682 001.
3. VICTORY XAVIER,
AGED 65 YEARS, S/O. XAVIER AND CLARA,
RESIDING AT CC 11/235C, FORTKOCHI, PIN-682 001.
4. JANNET EDDIE
AGED 55 YEARS, D/O. XAVIER AND CLARA,
RESIDING AT PUARLIONS NO.A-36,
BSNL, PANAMPILLY NAGAR, ERNAKULAM, KOCHI.
BY ADVS.SRI.R.O.MUHAMED SHEMEEM
SMT.NASEEHA BEEGUM P.S.
SRI.T.P.ABDUL HAMEED
SMT.RUKSANA K.ZUBAIR
RESPONDENT(S) :
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1. THE SUB REGISTRAR,
KOCHI SUB REGISTRAR OFFICE,
MATTANCHERY,KOCHI, PIN-682 002.
2. KERALA NADUVATHUL MUJAHIDEEN (REG.NO.2/57),
ANNIE HALL ROAD, KOZHIKODE, CHALEPPUROM P.O.,
PIN-673 002, REPRESENTED BY P.P.UNNENKUTTY MOULAVI,
AGED 63 YEARS, S/O. MUHAMAMED, RESIDING AT PEEDIYEKKAL
HOUSE, THACHAMBRA (P.O),MANNARKKAD,
PALAKKAD DISTRICT-673 002.
R1 BY GOVERNMENT PLEADER SMT. VINITHA B.HARIRAJ
R2 BY ADV. SRI.E.A.HARIS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 31-01-2017, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Msd.
WP(C).No. 14661 of 2016 (G)
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APPENDIX
PETITIONER(S)' EXHIBITS :
P1 TRUE COPY OF GIFT DEED DATED 23.02.2007 NO.1034/2007 OF
KOCHI SUB REGISTRAR OFFICE.
P2 TRUE COPY LATEST PROPERTY TAX RECEIPT NO.33208,
DATED 01.12.2015 ISSUED BY CORPORATION OF COCHIN IN
FAVOUR OF PETITIONER'S MOTHER.
P3 TRUE COPY OF THE BUILDING PERMISSION.
P4 TRUE COPY OF THE SALE DEED DATED 31.03.2016 PREPARED
FOR REGISTRATION.
P5 TRUE COPY OF THE ACKNOWLEDGMENT FOR ONLINE TOKEN
FOR REGISTRATION.
RESPONDENT(S)' EXHIBITS :
NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
SHAJI P. CHALY, J.
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W.P.(C). NO. 14661 OF 2016
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Dated this the 31st day of January, 2017
JUDGMENT
This writ petition is preferred by the petitioners, consequent to the non-registration of Ext.P4 sale deed by the first respondent allegedly raising the reason that a claim is prevailing in respect of a kudikedappu right, which is a right vested with petitioners' parents. According to the petitioner, on the death of petitioners' father, petitioners' mother executed Ext. P1 gift deed, in favour of the third respondent and now petitioners have decided to transfer their right to second respondent. However, first respondent has declined to register the same. It is thus seeking appropriate directions, this writ petition is filed.
2. The first respondent has filed a statement and it is stated that on a scrutiny of Ext. P4 sale deed, certain defects are noted, in accordance with the Circular No. RR3- 16535/12 dated 13.09.2012, issued by the Inspector General W.P.(C). NO. 14661 OF 2016 2 of Registration. It is also stated that the property mentioned in the document is owned by a charitable trust, which may be a wakf property and therefore, the prior sanction from the Wakf Board for its alienation, as per Rule 93 of the Kerala Wakf Rules, 1996 is to be obtained. Other contentions are also raised.
3. However, the fact remains, when a document is presented for registration and if it is returned, necessarily petitioners are left with a remedy, under Rule 72 of the Registration Rules. Therefore, I think it is only appropriate that an opportunity is provided to the petitioners to contest the proceedings before the first respondent, Sub Registrar. In that view of the matter, petitioners are directed to appear before the first respondent on 10.02.2017. along with original of Ext.P4 sale deed, and if the petitioners appear before the first respondent on the said date, an opportunity shall be provided to the petitioners to contest the proceedings and the first respondent shall pass W.P.(C). NO. 14661 OF 2016 3 appropriate orders, in accordance with law.
Writ petition is disposed of accordingly.
SHAJI P. CHALY JUDGE DCS