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2026 Supreme(Online)(Ker) 7371

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
B.PRABHAKARAN PILLAI – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 46485 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.B.MOHANLAL, SMT.P.S.PREETHA, SHRI.MOTTY JIBY VASUDEVAN, SHRI.ABIJITH M., SMT.AVANI NAIR, SMT.JAYAPRABHA ARJUN, SMT.PRAVEENA T.
For the Respondents: SHRI.A.JANI(KOLLAM), SRI.K.M.FAISAL, GP

The court upheld the petitioner’s right to have the settlement deed registered, subject to certain conditions regarding charges.

Headnote:The judgment addresses the petitioner's request to register a settlement deed by citing relevant laws and previous court orders. The court finds the refusal to register the deed unlawful and mandates its registration provided necessary charges are incorporated, thus affirming the petitioner's entitlement to registration. The court concludes with a directive to register the deed after incorporating specified charges.

Table of Content
1. petition filed for registering a settlement deed. (Para 1 , 2)
2. court's directive to register the deed with charges. (Para 3)
3. conclusion of writ petition. (Para 4)

JUDGMENT

Dated this the 31st day of January, 2026 The writ petition is filed seeking the following prayers:-

(i) To call for the records leading to Exhibit P6 from the 4th respondent and issue a writ of certiorari or other appropriate writ, order or direction quashing the proceedings declining to register Exhibit P6 settlement deed executed by the petitioner and his wife in favour of their son Sri.Vishnu P.K by incorporating a charge as per Exhibits P3 and P4 as illegal.

(ii) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the Respondents 1 to 3 to register Exhibit P6 settlement deed executed by the petitioner and his wife in favour of their son Sri.Vishnu P.K by incorporating a charge as per Exhibits P3 and P4 within a stipulated time as directed by this Hon’ble Court.

(iii) To declare that the petitioner is entitled to get registered Exhibit P6 settlement deed executed by the petitioner and his wife in favour of their son Sri.Vishnu P.K by incorporating a charge as per Exhibits P3 and P4.

(iv) To dispense with the translation of the documents produced in the Vernacular Language.

2. The learned counsel for the 5th respondent submits that if the charge is incorporated in the settlement deed, he has no objection in registering the same.

3. If the petitioner produces Ext.P6 for registration, the same shall be registered by noting a charge in the document itself regarding the encumbrance stated in Exts.P3 and P4.

4. Therefore, there will be a direction to respondents 1 to 3 to register Ext.P6 settlement deed after incorporating the charge stated in Exts.P3 and P4 and the parties will be governed by it.

The writ petition is disposed of.

Sd/-

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