Kerala High Court
A.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
MONDAY, THE 24TH DAYOF OCTOBER 2016/2ND KARTHIKA, 1938
WP(C).No. 33731 of 2016 (N)
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PETITIONER(S) :
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1. A.ANANTHAKUMAR, AGED 54 YEARS,
S/O.B.RAMACHANDRA REDDIAR, DHANAM'S CURZON ROAD,
CUTCHERRY WARD, KOLLAM-691 013.
2. R.VEERESH KUMAR, AGED 47 YEARS,
S/O.B.RAMACHANDRA REDDIAR, DHANAM'S CURZON ROAD,
CUTCHERRY WARD, KOLLAM-691 013.
3. R.DHANALAKSHMI, AGED 76 YEARS,
W/O.B.RAMACHANDRA REDDIAR, DHANAM'S CURZON ROAD,
CUTCHERRY WARD, KOLLAM-691 013.
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-688 001.
2. THE SUB REGISTRAR,
ALAPPUZHA-688 001.
3. THE LAND REVENUE COMMISSIONER,
COMMISSIONERATE OF LAND REVENUE,
THIRUVANANTHAPURAM-695 001.
BY SR. GOVERNMENT PLEADER SRI. T.K.ARAVINDA KUMAR BABU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24-10-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Msd.
WP(C).No. 33731 of 2016 (N)
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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.NO. 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 RECEIVED B
SHRI.K.MAHESH KUMAR, THE DOCUMENT WRITER.
EXHIBIT P7 A TRUE COPY OF THE PROCEEDINGS NO.D/DIS.44947/88/LR(A)3
DATED 19.10.1998 OF THE BOARD OF REVENUE(LR).
EXHIBIT P8 A TRUE COPY OF THE PROCEEDINGS NO.D.DIS.44018/88/LR(A)3
DATED 04-04-1989 OF THE BOARD OF REVENUE(LR).
EXHIBIT P9 A TRUE COPY OF THE PROCEEDINGS NO.D.DIS./17703/88/LR(A)3
DATED 22-06-1989 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 01-04-1996 OF THE BOARD OF REVENUE(LR).
EXHIBIT P13 A TRUE COPY OF THE PROCEEDINGS NO.D.DIS.4639/94/LR(A)3
DATED 22-08-1997 OF THE BOARD OF REVENUE(LR).
EXHIBIT P14 A TRUE COPY OF THE PROCEEDINGS NO.D.DIS.22189/95/LR(A)3
DATED 23.06.1997 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.
WP(C).No. 33731 of 2016 (N)
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EXHIBIT P16 A TRUE COPY OF THE ORDER DATED 01.10.2015 IN
I.A.NO. 878 OF 2015 IIN 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 04.01.2016.
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 04.01.2016 ISSUED BY
THE SUB REGISTRAR, ALAPPUZHA.
EXHIBIT P21 A TRUE COPY OF THE DOCUMENT NO.P2/15/29/1/2016 IN
ALAPPUZHA SRO.
EXHIBIT P22 A TRUE COPY OF ORDER NO.LR A3-52374 DATED 06-10-2016 OF
THE COMMISSIONER FOR LAND REVENUE.
RESPONDENT(S)' EXHIBITS :
NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
SHAJI P. CHALY, J.
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W.P.(C)No.33731 of 2016
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Dated this the 24th day of October, 2016
J U D G M E N T
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According to the petitioners, a deed of reconveyance of mortgaged property was presented for registration. However, the registering officer purported to impound the document and forwarded it to the District Registrar on the footing that the stamp duty is payable under Article 48(b) of Schedule to the Stamp Act. Petitioners in the constrained circumstances, approached this Court and secured an interim order in WP(C) No.20417/2015, whereby this Court has directed the Land Revenue Commissioner to forward the instrument to the Sub Registrar for the purpose of registration. However, the proceedings before the Land Revenue Commissioner was permitted to go on and take a decision after providing an opportunity of hearing to the petitioners. The contention raised by the petitioners in the writ petition is that, in W.P.(C)No.33731 of 2016 2 spite of the directions contained in the interim order, without providing an opportunity of hearing to the petitioners, a decision is taken, evident from Ext.P22 order. It is thus aggrieved by Ext.P22, this writ petition is filed.
2. Heard learned counsel for the petitioners, learned Government Pleader and perused the pleadings and documents on record.
3. On a perusal of Ext.P22 which is the subject matter of the consideration of this writ petition, I am satisfied that, the said decision was taken taking note of the direction contained in the interim order. However, without providing an opportunity of hearing to the petitioners. Therefore, in my considered opinion, Ext.P22 order sufferers from the vice of illegality and arbitrariness, requiring interference of this Court under Article 226 of the Constitution of India. Therefore, I, set aside Ext.P22 order dated 6.10.2016 rendered by the 3rd respondent and there will be a direction to reconsider the issue taking note of the directions issued by this Court in W.P.(C)No.33731 of 2016 3 the interim order after providing an opportunity of hearing to the petitioners. Accordingly, petitioners shall be present before the 3rd respondent on 4.11.2016 and thereupon 3rd respondent shall fix a date of hearing and proceed accordingly. Anyhow, a decision shall finally be taken within a month from the date of receipt of a copy of this judgment. Any documents produced by the petitioner will also be taken note of by the 3rd respondent.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY, JUDGE.
[ True copy] P.A. to Judge rmm/24/10/2016