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2017 Supreme(Ker) 1411

A.MUHAMED MUSTAQUE
Joseph George – Appellant
Versus
State of Kerala – Respondent


JUDGMENT

A. Muhamed Mustaque, J.

1. These writ petitions are filed by power-of-attorney holders who have presented instruments for registration conveying transfer of ownership of immovable property. The registering authority insisted for photographs and finger prints or seller of such property mentioned in the document as a pre-condition for registration in terms of Section 32A of Registration Act as amended in the State.

2. This Court in W. P. (C.) No. 15413/2007 on 20/06/2007 passed the following interim order.

"There would be a direction to the Registering Authority to provisionally register the documents presented by the petitioners by fixing the photographs of the owner of the property, the power-of-attorney who executes the sale deed and the buyer with the thumb impressions of the power-of-attorney and the buyer. The question as to whether the thumb impression of the owner of the property also should be affixed in the document, would be considered at the time of final hearing. If ultimately this Court decides that the thumb impression of the owner is also necessary, the petitioners would resubmit the document affixing the thumb impression of the owner of the property also.

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