IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 22^ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA, 1945 WP(C) NO. 38428 OF 2023 PETITIONER:

ABOOBAKKARUL RASHEED AGED 44 YEARS S/O ABDU RAHMAN MOULAVI, KELOTH PEEDIKAYIL, KANICHAMAL, KURUMATHUR, THALIPARAMBA TALUK , KANNUR DISTRICT - 670142 BY ADVS.

M.ANUROOP MURSHID ALI M.

RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, THIRUVANANTHAPURAM - 695001

2 DISTRICT COLLECTOR COLLECTORATE KANNUR DISTRICT - 670002

3 CHAIRMAN TALUK LAND BOARD ( MINI CIVIL STATION), COURT ROAD, THALIPARAMBA, KANNUR DISTRICT - 670141

4 TAHASILDAR THALIPARAMBA, KANNUR DISTRICT - 670141

5 THE SUB REGISTRAR SUB REGISTRAR OFFICE,THALIPARAMBA, KANNUR DISTRICT - 670141

6 VILLAGE OFFICER VILLAGE OFFICE KURUMATHUR, THALIPARAMBA, KANNUR DISTRICT – 670141 R BY GP ADV.BIMAL K.NATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner states that he is in absolute possession and ownership of 12.48 Ares of property comprised in Resurvey No.87/148, 87/149 (Old Survey No.31/1) of Kurumathur amsom Desom in Thaliparamba Taluk. The petitioner obtained title over the said property by virtue of Exts.P1 and P2 sale deeds and he has been paying land tax in respect of the said property as evidenced by Ext.P3 tax receipt. The petitioner is now informed by the Tahsildar that on the basis of Ext.P4 order passed by the Taluk Land Board in TLB-2/1992/TBA and Ext.P5 order of the District Collector in respect of properties owned by one Cheriyan Joseph of Kattakkayam, registration of the properties comprised in survey No. 31/1 of Kurumathur Village is prohibited. Accordingly, the petitioner has approached this Court for a direction to the respondents to permit registration and mutation of the property covered by Exts.P1 and P2 sale deeds notwithstanding Exts.P4 and P5.

2. Ext.P5 is a general direction issued by the District collector whereby registration of properties owned by one Cheriyan Joseph of Kattakkayam comprised in certain survey numbers of Kurumathur village is prohibited. There cannot be any general prohibition to register documents in a particular survey number for the reason that ceiling cases are pending in respect of some properties included in that survey number. If there is no ceiling case pending in respect of a particular property, registration of sale dded cannot be prohibited for the reason that ceiling cases are pending in respect of some other properties included in that survey number.

3. The learned counsel for the petitioner refers to the judgment of this Court in W.P.(C) No.41167 of

2022 wherein this Court held as follows:

“2. The prayer in the writ petition is for a direction to the 4th respondent to register the lease agreement executed between the petitioner and the Manager, Kerala Gramin Bank and to direct respondents 4 to 6 to consider registration and mutation of 40.43 Ares of land owned by the petitioner as per sale deed No.2665/1994 of SRO, Taliparamba in Re- Sy.No.103/7 (old Sy.No.31/1) of Kurumathur Village, by exempting the ban imposed as per Exts.P3 and P4 . The reason for refusal is Ext.P4 order dated 29.07.2021 issued by the 2nd respondent whereby owing to a ceiling case with respect to the properties which were owned by one Cheriyan Joseph of Kattakkayam, registration regarding properties comprised in certain survey numbers of Kurumathur Village were prohibited. This Court had held that there cannot be any such prohibition to register documents and the right of the State to initiate action is always available, even if a registration is effected. I do not find any reason to take a different view.”

4. The facts and circumstances of the instant case are almost identical and I do not find any reason to take a different view.

Accordingly, it is declared that Exts.P4 and P5 shall not stand in the way of registration of the property cov