Kerala High Court
Pokkar K.M vs The District Registrar on 27 June, 2023
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
WP(C) NO. 20876 OF 2023
PETITIONER/S:
POKKAR K.M., AGED 58 YEARS
S/O KUNJABDULLA, KALAMULLATHIL HOUSE,
PONMERIPPARAMBU, AYANCHERY VILLAGE, VADAKARA TALUK
KOZHIKODE DISTRICT., PIN - 673542
BY ADVS.
V.N.SANKARJEE
V.N.MADHUSUDANAN
R.UDAYA JYOTHI
M.M.VINOD
M.SUSEELA
KEERTHI B. CHANDRAN
VIJAYAN PILLAI P.K.
C.PURUSHOTHAMAN NAIR
RESPONDENT/S:
1 THE DISTRICT REGISTRAR
DISTRICT REGISTRAR GENERAL OFFICE, GROUND FLOOR ,
CIVIL STATION, PALAKKAD DISTRICT., PIN - 678001
2 THE SUB REGISTRAR,
SUB REGISTRAR OFFICE, AGALI, ATTAPADI,
PALAKKAD DISTRICT, PIN - 678581
SMT. DEEPA V (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20876 OF 2023 2
JUDGMENT
Petitioner has approached this Court, being aggrieved by Ext.P4 proceedings of the 2 nd respondent, through which the 2 nd respondent had refused to register Ext.P1 sale deed on the ground that the lands and survey numbers mentioned in Ext.P1 are subject matter of proceedings in C.S. No.65 of 2023 on the file of the Subordinate Judge's Court (Commercial Court), Vadakara.
2. Learned counsel appearing for the petitioner would submit that the 2nd respondent has proceeded on a mistaken notion and the properties, which are subject matter of the Commercial Suit, are not the properties mentioned in Ext.P1 sale deed. Learned counsel would submit that the petitioner has therefore preferred Ext.P7 appeal before the 1 st respondent and the 1st respondent may therefore be directed to take a decision in the matter, within a time frame to be fixed by this Court.
3. Learned Government Pleader submits that there is no objection in a direction being issued to the 1 st respondent to consider the matter, in accordance with the law. WP(C) NO. 20876 OF 2023 3
4. Having heard the learned counsel appearing for the petitioner and the learned Government Pleader, the writ petition will stand disposed of, directing the 1 st respondent to consider Ext.P7 appeal and take a decision thereon, after affording an opportunity of hearing to the petitioner, in accordance with the law, within a period of six weeks from the date of receipt of a certified copy of this judgment.
Sd/-
GOPINATH P. JUDGE ajt WP(C) NO. 20876 OF 2023 4 APPENDIX OF WP(C) 20876/2023 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE SALE DEED DATED 20.6.2023 EXECUTED BY THE PETITIONER IN FAVOUR OF PRAKASH S. Exhibit P-2 TRUE COPY OF THE RECEIPT DATED 20.6.2023 BEARING NO.[TOKEN NO.] T.7222008 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT Exhibit P-3 TRUE COPY OF THE CERTIFICATE BEARING NO.
DR.4/18-19/KFC/KKD DATED 12.5.2023 ISSUED BY THE DEPUTY TAHSILDAR, REVENUE RECOVERY, KERALA FINANCIAL CORPORATION, KOZHIKODE Exhibit P-4 TRUE COPY OF THE 2ND RESPONDENT'S LETTER NO.
T.7222008 DATED 20.6.2023 ISSUED TO THE PETITIONER Exhibit P-5 TRUE COPY OF THE PLAINT DATED 29.5.2023 IN C.S. NO. 65/2023 OF THE SUB COURT, (COMMERCIAL COURT) VADAKARA Exhibit P-6 TRUE COPY OF THE ATTACHMENT ORDER DATED 30.5.2023 TOGETHER WITH SHOW CAUSE NOTICE, I.A. NO. 2/2023 IN C.S. NO. 65/2023 AND SCHEDULE OF THE SUB COURT, (COMMERCIAL COURT) VADAKARA Exhibit P-7 TRUE COPY OF THE APPEAL DATED 21.6.2023 BEFORE THE 1ST RESPONDENT DISTRICT REGISTRAR WITH RECEIPT DATED 21.6.2023