Pendency of cases cannot justify refusal to register property documents; rights of state are preserved.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI MONDAY, THE 23^RD DAY OF FEBRUARY 2026 / 4TH PHALGUNA, 1947 WP(C) NO. 1852 OF 2026 PETITIONER/S:

JAHAFAR.T.P, AGED 67 YEARS S/O. T.P.MAMMU,KINAV, ZEALOTS STREET.P.O.,GOVINDAPURAM,KUTHIRAVATTOM.S.O.,KOZHIKODE, PIN - 673016 BY ADVS.

SHRI.ZAKEER HUSSAIN SMT.K.A.SANJEETHA SHRI.ABY GEORGE RESPONDENT/S:

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT,REVENUE DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM, PIN - 695001

2 THE SUB REGISTRAR, KALPETTA SUB REGISTRY OFFICE,KALPETTA,WAYANAD, PIN – 673576 SRI.K.M FAIZAL, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 23^rd day of February, 2026 The petitioner along with others purchased 37.22 ares of property in Re.Sy No.44/7, 37.42 Ares of property in Re.Sy No.44/16, 36.61 Ares in Re.Sy No.44/13, 37.22 Ares of property in Re.Sy No.44/7, 35.19 Ares of property in Re.Sy No.44/15 and 18.64 Ares of property in Re.Sy Nos.44/4, 44/3, 44/12, 44/6 and 44/5 in Block No.32 of Vellarimala Village, Vythiri Taluk, Wayanad District. The said property was obtained by the petitioner and others as per sale deed No.2130 of 2019 registered with the Kalpetta Sub Registrar Office. It is submitted that mutation has been effected in the village records in the name of the petitioner and other co-owners and they are remitting the basic tax in respect of the said property. They are the Thandaper holders of the said property as per Account No.4613 maintained by the Village Office, Vellarimala Village. Since the Village Officer refused to issue the requisite documents, the petitioner approached this Court and filed W.P.(C) No.30985 of 2025 and by judgment dated 21.8.2025, this Court directed the Village Officer to issue all requisite documents within one month. Now, some prospective buyers have approached the petitioner and other co- owners to purchase the afore properties. Accordingly, on 13.1.2026 a release deed was prepared and sufficient stamp duty and registration fees were paid to the Government.

2. When the petitioner approached the 2^nd respondent for registering the documents, the 2^nd respondent declined his request stating that there are cases pending with respect to the property. However, no details of the said cases were told to the petitioner. Hence this writ petition is filed with the following prayers;

i) Issue a writ of mandamus or any other order or direction commanding the 2nd respondent to register the documents in respect of the properties covered by Exhibit P1 to P5 title deeds, Exhibit P6 to P10 tax receipts and Exhibit P12 to P16 Thandaper Certificates for effecting transaction and direct the 2nd respondent to complete the registration formalities in respect of the said properties, as and when the same is presented for registration.

ii) Issue such other writ, direction or order that this Hon’ble court may deem fit to issue in the facts and circumstance of the case.

iii) Petitioner also prays that this Hon’ble Court may be pleased to dispense with the translation of the documents produced in the vernacular language.

iv) Issue such other order or direction deems fit in the interest of justice.

3. This Court has in similar circumstances, held that the pendency of such proceedings cannot be a reason to refuse to register documents (See the judgment in W.P. (C)No.42749/2024 dated 27.01.2025).

In the above circumstances, this writ petition is disposed of directing the respondents to issue the necessary revenue certificates to the petitioner and register the document for sale as and when the same is presented, in accordance with law. It is made clear that the above directions will not prejudice in any manner the right of the State to recover the properties, if ultimately it is fo