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2026 Supreme(Online)(Ker) 15423
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
JOLLY VARGHESE – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 39524 OF 2025
For the Appellants/Petitioners: SHRI.BIJU C. ABRAHAM, SHRI.THOMAS C.ABRAHAM, SHRI.BASIL MATHEW
For the Respondents: SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER
Legal exemptions under the Kerala Land Reforms Act cannot hinder transfer of property registry when prior orders are determined invalid.
Headnote:The petitioner challenges Ext.P3, which denied the transfer of registry citing exemption under Section 81 of the Kerala Land Reforms Act. The court found prior similar orders flawed and determined Ext.P3 was invalid, directing the 4th respondent to consider the application expeditiously within two months. The outcome mandated compliance in issuing revenue certificates post registry transfer. This Writ Petition will stand allowed, as indicated above.
| Table of Content |
|---|
| 1. challenge to denial of registry based on exemption. (Para 1) |
| 2. court's finding on previous orders' validity. (Para 2 , 3) |
| 3. court directed compliance for registry and certificates. (Para 4) |
JUDGMENT
Ext.P3 is under challenge in this Writ Petition, which rejected petitioner's application for transfer of registry, as also, for issuance of revenue certificates. The solitary reason stated in Ext.P3 is that the petitioner's property was earlier an exempted land in terms of Section 81 of the Kerala Land Reforms Act .
2. This Court has considered the validity of similar Orders in a series of judgments, including Exts.P5 to P7 and set aside similar Orders.
3. Learned Government Pleader has no quarrel with respect to the legal position in this regard.
4. In The circumstances, Ext.P3 will stand set aside. There will be direction of the 4th respondent to consider petitioner's application for transfer of registry, in accordance with law, expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. Needless to say that the earlier status of the property as an exempted land cannot weigh with the 4th respondent. Petitioner will produce a copy of the judgment before the 4th respondent, for compliance. Once, transfer of registry is made, there will be direction to the 5th respondent/Village Officer to issue revenue certificates as sought for by the petitioner, which direction shall be complied with, within a further period of one month from the date of effecting transfer of registry. The rights of the Government, if any, to proceed against the petitioner's property in terms of the Kerala Land Reforms Act , will stand the reserved.
This Writ Petition will stand allowed, as indicated above.
Sd/-
