Kerala High Court
Karuvarakundu Ventures (Llp) vs State Of Kerala on 29 March, 2023
Author: P Gopinath
Bench: P Gopinath
WP(C) No.1479/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
Wednesday, the 29th day of March 2023 / 8th Chaithra, 1945
WP(C) NO. 1479 OF 2022(H)
PETITIONER:
KARUVARAKUNDU VENTURES (LLP), 62/1103, KUNHIPARI BUILDING, CHEROOTTY
ROAD, KOZHIKODE-673 032, REPRESENTED BY ITS DESIGNATED PARTNER, N K
KHALID, S/O. A V KUNHIPARI, 18/547, NELLIKOTTE HOUSE, CHALAPPURAM,
KOZHIKODE-673 002.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY SECRETARY, REVENUE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM G P O,-695 001.
2. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT, COLLECTORATE,
MALAPPURAM CIVIL STATION P O, MALAPPURAM-676 503.
3. SUB REGISTRAR, OFFICE OF THE KARUVARAKUNDU SUB REGISTRAR OFFICE,
KARUVARAKUNDU, KARUVARAKUNDU S.O.P.O, NILAMBUR TALUK, MALAPPURAM-676
523.
4. M C GEORGE, S/O. LATE M.C CHERIAN, NO.55, LAVELLE ROAD, BANGALORE G
P O, BANGALORE-560 001.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to pass an interim order directing the 3rd respondent to register
the original of Exhibit P4 sale deed and Exhibit P5 duplicate deed
forthwith pending dispsoal of the above Writ Petition (Civil).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
08-02-2022 and upon hearing the arguments of M/S. K.I.MAYANKUTTY MATHER,
R.JAIKRISHNA, UTHARA ASOKAN & KALLIYANI KRISHNA B., Advocates for the
petitioner and GOVT.PLEADER for R1 to R3, the court passed the following:
WP(C) No.1479/2022 2/4
GOPINATH P., J
W.P.(C.). No.1479 of 2022
======================================
DATED THIS THE 29th DAY OF MARCH, 2023.
ORDER
This writ petition has been filed projecting a grievance that Ext.P4 sale deed presented for registration before the 3rd respondent has not been registered despite the fact that this Court, by judgment in W.P.(C.) No.16705 of 2021, had set aside the Circular dated 11.06.2021 through which the 2nd respondent has placed an interdiction on registration of conveyances in respect of the properties which are subject matter of Ext.P4 sale deed.
2. Learned counsel appearing for the petitioner would point out that the the Writ Appeal (W.A. No.102 of 2022) filed by the State against the judgment in W.P.(C.) No.16705 of 2021 was also dismissed on 01.03.2023.
3. Learned Senior Government Pleader would submit that the non-registration of Ext.P4 is subject matter of Contempt of Court Case No.671 of 2023. It is submitted that the State proposes to file a review petition seeking WP(C) No.1479/2022 3/4 W.P.(C.). No.1479 of 2023 2 review of the judgment of the Division Bench of this Court in W.A. No.102 of 2022. It is also submitted that considering the submission for the State that a review petition is proposed to be filed against the judgment in Writ Appeal No.102 of 2022, the Court considering Contempt of Court Case No.671 of 2023 had adjourned the hearing of the same.
Taking into account the afore submissions, this matter is adjourned to be listed after vacation along with Contempt of Court Case No.671 of 2023, if necessary, after obtaining orders from Hon'ble the Chief Justice.
sd/-
GOPINATH P., JUDGE ajt 29-03-2023 /True Copy/ Assistant Registrar WP(C) No.1479/2022 4/4 APPENDIX OF WP(C) 1479/2022 Exhibit P4 TRUE COPY OF THE ORIGINAL OF THE SALE DEED PRESENTED FOR REGISTRATION BEFORE THE 3RD RESPONDENT. 29-03-2023 /True Copy/ Assistant Registrar