Kerala High Court
R.Ananthakumar vs The District Registrar (General) on 14 July, 2014
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 13TH DAY OF JANUARY 2017/23RD POUSHA, 1938
WP(C).No. 449 of 2017 (E)
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PETITIONER(S):
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1. R.ANANTHAKUMAR, AGED 53,
S/O.V.RAMACHANDRA REDDIAR, DHANAM'S,
CURZON ROAD, CUTCHERRY WARD, KOLLAM-691013.
2. R.VEERESH KUMAR, AGED 49,
S/O.V.RAMACHANDRA REDDIAR, DHANAM'S,
CURZON ROAD, CUTCHERRY WARD, KOLLAM-691013.
3. R.DHANALAKSHMI, W/O.V.RAMACHANDRA REDDIAR,
AGED 79, DHANAM'S, CURZON ROAD,
CUTCHERRY WARD, KOLLAM-691013.
BY ADVS.SRI.P.B.KRISHNAN
SRI.P.M.NEELAKANDAN
SRI.P.B.SUBRAMANYAN
SRI.SABU GEORGE
SRI.S.NITHIN (ANCHAL)
RESPONDENT(S):
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1. THE DISTRICT REGISTRAR (GENERAL)
ALAPPUZHA-688001.
2. THE SUB REGISTRAR, ALAPPUZHA-688001.
3. THE LAND REVENUE COMMISSIONER,
COMMISSIONERATE OF LAND REVENUE,
THIRUVANANTHAPURAM-695001.
BY GOVERNMENT PLEADER SRI.S.KANNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13-01-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C).No. 449 of 2017 (E)
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APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT P1 : DATED 14-07-2014- A TRUE COPY OF THE DEED OF
MORTGAGE REGISTERED AS DOCUMENT NO.3044/2004.
EXHIBIT P2 : DATED 27-03-2015- A TRUE COPY OF THE DECREE IN
O.S.50/2014 PASSED BY THE SUB JUDGE, ALAPPUZHA.
EXHIBIT P3 : DATED 23-04-2015- A TRUE COPY OF THE DEED OF
RECONVEYANCE PRESENTED FOR REGISTRATION.
EXHIBIT P4 : DATED 25-05-2015- A TRUE COPY OF THE LETTER
453/15 ISSUED BY RESPONDENT NO.2 TO RESPONDENT
NO.1.
EXHIBIT P5 : A TRUE COPY OF THE COMMUNICATION
NO.I.N.S3.1308/2015 DATED 01-07-2015 ISSUED BY
RESPONDENT NO.1 TO PETITIONER NO.1.
EXHIBIT P6 : A TRUE COPY OF THE POSTAL COVER RECEIVE BY
SHRI.K.MAHESH KUMAR, THE DOCUMENT WRITER.
EXHIBIT P7 : A TRUE COPY OF THE PROCEEDINGS
NO.D/DIS./44947/88/LR(A)3 DATED 19-10-1989 OF
THE BOARD OF REVENUE (LR).
EXHIBIT P8 : A TRUE COPY OF THE PROCEEDINGS
NO.D.DIS./44018/88/LR(A)3 DATED 4-4-1989 OF THE
BOARD OF REVENUE (LR).
EXHIBIT P9 : A TRUE COPY OF THE PROCEEDINGS
NO.D.DIS./17703/88/LR(A)3 DATED 22-6-1989 OF THE
BOARD OF REVENUE (LR).
EXHIBIT P10 : A TRUE COPY OF THE PROCEEDINGS
NO.D.DIS./21552/92/LR(A)3 DATED 22-10-1992 OF
THE BOARD OF REVENUE (LR).
EXHIBIT P11 : A TRUE COPY OF THE PROCEEDINGS
NO.D.DIS.3351/94LR(A)3 DATED 28-09-1995 OF THE
BOARD OF REVENUE (LR).
EXHIBIT P12 : A TRUE COPY OF THE PROCEEDINGS
NO.D.DIS.1483/92/LR(A)3 DATED 1-4-1996 OF THE
BOARD OF REVENUE (LR).
EXHIBIT P13 : A TRUE COPY OF THE PROCEEDINGS
NO.D.DIS.4639/94/LR(A)3 DATED 22-8-1996 OF THE
BOARD OF REVENUE (LR).
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WP(C).No. 449 of 2017 (E)
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EXHIBIT P14 : A TRUE COPY OF THE PROCEEDINGS
NO.D.DIS.21189/95/LR(A)3 DATED 23-6-1997 OF THE
BOARD OF REVENUE (LR).
EXHIBIT P15 : A TRUE COPY OF THE LETTER NO.LRA3-43713/08
DATED 13-11-2008 ISSUED BY THE ADDITIONAL
COMMISSIONER TO THE REGISTRATION INSPECTOR
GENERAL.
EXHIBIT P16 : A TRUE COPY OF THE ORDER DATED 01-10-2015 IN
I.A.NO.878 OF 2015 IN O.S.NO.50 OF 2014 ON THE
FILE OF THE SUB COURT, ALAPPUZHA.
EXHIBIT P17 : A TRUE COPY OF THE COMMUNICATION
NO.D.NO.A.136/15/CN DATED 08-12-2015 ISSUED BY
THE SUB JUDGE ALAPPUZHA TO THE SUB REGISTRAR
ALAPPUZHA.
EXHIBIT P18 : A TRUE COPY OF THE BANK GUARANTEE
DATED 4-1-2016.
EXHIBIT P19 : A TRUE COPY OF THE PROCEEDINGS NO.RR4-16839/15
DATED 30-12-2015 ISSUED BY THE REGISTRATION
INSPECTOR GENERAL.
EXHIBIT P20 : A TRUE COPY OF THE RECEIPT DATED 4-1-2016 ISSUED
BY THE SUB REGISTRAR, ALAPPUZHA.
EXHIBIT P21 : A TRUE COPY OF THE DOCUMENT NO.P2/15/291/1/2016
IN ALAPPUZHA SRO.
EXHIBIT P22 : A TRUE COPY OF THE ORDER NO.LR A3-52374
DATED 6-10-2016 OF THE COMMISSIONER OF LAND
REVENUE.
EXHIBIT P23 : A TRUE COPY OF THE JUDGMENT DATED 24-11-2016 IN
WPC NO.33731 OF 2016.
EXHIBIT P24 : A TRUE COPY OF ORDER NO.LR A3-52374/15
DATED 16-12-2016.
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
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SHAJI P. CHALY, J.
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W.P.(C). NO. 449 OF 2017
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Dated this the 13th day of January, 2017
JUDGMENT
A deed of re-conveyance of mortgaged property was presented for registration. According to the petitioners, stamp duty was paid under Article 47(b) of Schedule to the Kerala Stamp Act, 1959. The registering officer impounded the document and forwarded to the District Registrar on the footing that the Stamp Duty is payable under Article 48(b) of the Schedule to the Kerala Stamp Act, 1959. As the document presented for registration was kept under suspended animation for several months, petitioners approached this Court by filing W.P.(C). No. 20417/2015, in which an interim order was passed directing the Sub Registrar to register the document on furnishing bank guarantee. The Government also took a stand that the instrument has been referred under Section 59(2) of the Kerala Stamp Act, 1959, to the Commissioner for Land Revenue. According to the petitioners, the said decision was W.P.(C). NO. 449 OF 2017 2 taken without issuing notice to the petitioners, and the order so passed was served on the counsel for the petitioners by the Government Pleader, along with the statement filed in the aforesaid writ petition. The Commissioner of Land Revenue was directed by this Court to reconsider and take a decision afresh, after hearing the petitioners. Accordingly, petitioners were heard on 23.11.2016 and now, Ext. P24 order is passed dated 16.12.2016, whereby the reference was answered and sent back to the District Registrar for decision on merits. It is thus challenging Ext.P24 and seeking other consequential reliefs, this writ petition is filed.
3. Heard learned counsel for the petitioners and learned Government Pleader and perused the documents on record and the pleadings put forth by the petitioners.
4. It is an admitted fact that Ext.P24 is passed by the Land Revenue Commissioner on the basis of the directions issued by this Court. Petitioners have no case that petitioners were not heard. After hearing the parties, the Land Revenue Commissioner answered the reference and W.P.(C). NO. 449 OF 2017 3 sent it back, stating that the Registrar is vested with ample powers to take a decision, in the nature of reference made by the Sub Registrar, after impounding the document. I do not find any illegality in the said reference order passed by the Land Revenue Commissioner. So far as the impounding matter is concerned, the District Registrar is the authority to take a decision.
5. Therefore, the writ petition is dismissed, however, leaving open the liberty of the petitioners to contest the proceedings before the District Registrar. The District Registrar shall issue notice to the petitioners for hearing, and attain finality to the same, within two months from the date of receipt of a copy of this judgment. I have also no reason to think that the District Registrar will take a decision overlooking the provisions of the Kerala Stamp Act, and ascertain the stamp duty to be suffered on the document in question.
SHAJI P. CHALY JUDGE DCS