Kerala High Court
T.K. Jinachandran vs The District Registrar (General) on 5 April, 1995
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
MONDAY, THE 10TH DAY OF DECEMBER 2012/19TH AGRAHAYANA 1934
WP(C).No. 28882 of 2012 (I)
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PETITIONER(S):
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T.K. JINACHANDRAN,
S/O. KRISHNAN, THAIKOODATHIL HOUSE,
THEKKUMBHAGOM VILLAGE, TRIPUNITHURA - 682 301.
BY ADVS.SRI.PHILIP T.VARGHESE
SRI.THOMAS T.VARGHESE
SMT.ACHU SUBHA ABRAHAM
RESPONDENT(S):
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1. THE DISTRICT REGISTRAR (GENERAL),
ERNAKULAM - 682 011.
2. THE SUB REGISTRAR,
TRIPUNITHURA , ERNAKULAM DIST.- 682 301.
BY GOVERNMENT PLEADER SMT. SAREENA GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-12-2012,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
NS
WP(C).No. 28882 of 2012 (I)
APPENDIX
PETITIONER(S) EXHIBITS :
EXHIBIT-P1 : COPY OF THE PARTITION DEED NO. 333/1955 OF S.R.O., TRIPUNITHURA
DATED 05/04/1995.
EXHIBIT-P2 : COPY OF THE SALE DEED NO. 3527/2012 OF S.R.O., TRIPUNITHURA DATED
07/11/2012.
EXHIBIT-P3 : COPY OF LETTER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER
DATED 12/11/2012.
EXHIBIT-P4 : COPY OF THE SALE DEED EXECUTED BY THE PETITIONER IN FAVOUR OF
SAJITH P.K. AND ANOTHER DATED 08/11/2012.
RESPONDENTS' EXHIBITS : NIL
/ TRUE COPY /
NS P.A. TO JUDGE
T.R.RAMACHANDRAN NAIR, J.
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W.P.(C).No. 28882 of 2012
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DATED THIS THE 10th DAY OF DECEMBER, 2012
JUDGMENT
This writ petition is filed by the petitioner seeking for a direction to the second respondent to register Ext.P4 sale deed on its due presentation and on payment of the requisite charges.
2. The petitioner's grandfather Konnan had executed a Will Deed, viz. Deed No.2/1985 (ME) of Sub Registry, Tripunithura. He bequeathed the property in favour of his wife Lakshmi and their children Krishnan, Itiyathi, Kava, Karthiyayini, Janaki and Paru. The petitioner is the only son of Krishnan. In para 2 of the writ petition it is averred that it is stipulated in Ext.P11 partition deed that on the death of Lakshmi, her property described in Schedule 'A' shall devolve in two equal halves to her sons Krishnan and Ittiyathi. Hence, on the death of Lakshmi, Krishnan took independent ownership and possession of the northern one-half of the property and Ittiyathi took independent ownership and possession of the southern one half of the property. They treated these as separate plots and have effected mutation of the plots in their name and paid taxes separately.
3. It appears that on presenting the document for registration, certain W.P.(C).No.28882/2012 -2- defects were noticed. It is averred in para 5 that the petitioner had already sold certain items of property by two different documents which have been registered as document Nos.22226/12 and 3527/12. The deed now presented is for transferring another portion of the property, i.e. The property described as 'A' schedule of Ext.P1 partition deed.
4. The petitioner was served with a letter, Ext.P3, pointing out the defects. It is the case of the petitioner that the defects have been cured and the sale deed was presented again for registration before the second respondent. Complaining that the second respondent is not taking any action, this writ petition has been filed.
5. Learned Government Pleader on getting written instructions, from the Sub Registrar, submitted that after 12.11.2012 the document has not been re-presented for registration. One of the grounds raised by the Sub Registrar in the written communication issued on 6.12.2012, in para 4 is regarding the manner in which the petitioner claims that the property has been devolved after the death of Lakshmi. Learned counsel for the petitioner submits that the same is clear from internal page 16, viz. pages 8 and 9 of Ext.P1 document itself.
6. In the light of the explanation offered above, the document will be W.P.(C).No.28882/2012 -3- re-verified and all steps will be taken for registering the sale deed. Appropriate steps will be taken on presentation of the document along with a certified copy of this judgment, especially in the light of the fact that two other sale deeds have been executed and registered.
The writ petition is disposed of as above. No costs.
(T.R.RAMACHANDRAN NAIR, JUDGE) kav/