IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM WEDNESDAY, THE 20^TH DAY OF MARCH 2024 / 30TH PHALGUNA, 1945 WP(C) NO. 9649 OF 2023 PETITIONER:

RAJESH KUMAR K. T.

AGED 47 YEARS S/O. THANKAPPAN NAIR, KUDUMBIYAMKUZHIYIL HOUSE, CHIRAKKADAVU VILLAGE, PONKUNNAM P.O., KOTTAYAM DISTRICT, PIN - 686506 BY ADVS.

LIJI.J.VADAKEDOM TOM E. JACOB REXY ELIZABETH THOMAS ATHUL V. VADAKKEDOM RESPONDENTS:

1 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO REGISTRATION DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -

695001

2 2. THE DISTRICT REGISTRAR (GENERAL)

OFFICE OF THE DISTRICT REGISTRAR, KOTTAYAM, PIN -

686002

3 3. THE SUB REGISTRAR-KANJIRAPPALLY OFFICE OF THE SUB REGISTRAR-KANJIRAPPALLY, PONKUNNAM, KOTTAYAM, PIN - 686506 BY ADVS.

GOVERNMENT PLEADER ADVOCATE GENERAL OFFICE KERALA OTHER PRESENT:

SR.GP - DEEPA NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

“CR”

VIJU ABRAHAM, J.

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W.P.(C) No.9649 of 2023 - - - - - - - - - - - - - - - - - - - - - - - - - -

Dated this the 20^th day of March, 2024

JUDGMENT

The above writ petition is filed challenging Ext.P3 order and seeking a direction to the 3^rd respondent to register the rectification deed similar to Ext.P2 draft rectification deed by levying stamp duty of only Rs. 500/-.

2. Petitioner contends that the petitioner's father, late Mr.Thankappan and his sister, Thankamma had executed Ext.P1 Partition Deed No. 917/2007 of the SRO, Chirakkadavu dated 26.02.2007. In Ext.P1 Partition Deed, properties are divided into two schedules- 'A' and 'B'. 'A' scheduled property is divided as A1, A2 and A3 which were allotted to the father of the petitioner- Thankappan. 'B' scheduled property was allotted to Thankamma -

sister of the petitioner's father. The details are as follows;

(i) A1 Schedule - 8.18 Ares and 33.10 Ares (total extent 41.18 Ares) in Re. Sy. Nos. 83/14 and 83/9 respectively in Bl. No. 16 (1 Acre 2 Cents out of a total property having an extent of 2 Acres 44 Cents in old survey No. 1052/1, 1052/2, 1052/3, 1052/4 and 1052/7)

(ii) A2 Schedule - 7.60 Ares in old survey No.965, Re. Sy. No. 84/18, Bl. No. 16.

(iii) A3 Schedule - 20 Ares in old survey No. 1034/1, Re. survey No.

27/3, Bl. No. 16 (iv) B Schedule - 58.92 Ares in resurvey No. 83/14. (1 Acre 42 Cents out of a total property having an extent of 2 Acres 44 Cents in old survey No. 1052/1, 1052/2, 1052/3, 1052/4 and 1052/7)

Later, the petitioner realized that there was a mistake with regard to the description of the above mentioned properties in A1 Schedule and Schedule B of Ext.P1 Partition Deed. Though the total extent of the properties mentioned in A1 and B schedules were correctly shown, a mistake has crept in whereby the resurvey number of the above-mentioned property got interchanged. By the time the mistake was noted, the father of the petitioner died. In such circumstance, Ext.P2 correction deed was executed by the petitioner, and his brother's wife in the capacity of the power of attorney holder of the petitioner's brother-Harish Kumar K. T., and his father's sister Thankamma. The corrections to be made to Ext.

P1 Partition Deed is as stated below:

(a) As per 'A1' Schedule in Ext.P1 Partition Deed, the property of 33.10 Ares and 8.18 Ares (total extent 41.28 Ares) is comprised in Re. Sy No. 83/9 and 83/14 respectively in Block No. 16 of Chirakkadavu Village. The same is corrected as 41.28 Ares in Resurvey No. 83/14.

(b) As per 'B' Schedule in Ext.P1 Partition Deed, the total extent of 58.92 Ares which is shown as comprised in Re. Sy. No. 83/14 was split up as 33.10 Ares in Resurvey No.83/9 and 25.82 Ares in Resurvey No.83/14.

(c) The total extent as per old survey and the resurvey remained the same in both the deeds.

In the above circumstance Ext.P2 correction deed was presented to the District Registrar (General), Kottayam for the determination of stamp duty, so as to subsequen