IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI MONDAY, THE 10^TH DAY OF FEBRUARY 2025 / 21ST MAGHA, 1946 WP(C) NO. 979 OF 2025 PETITIONER:

VIJAYA MOHAN AGED 63 YEARS S/O LAKSHMANAN, MUTHALISSERIL HOUSE, PATHIYOOR VILLAGE, PATHIYOOR P O, KARTHIKAPPLLY TALUK, ALAPPUZHA DISTRICT., PIN – 690 508 BY ADVS.

SRI.BINNY THOMAS SRI.SUNEETHI S.

SMT.HELEN P.A.

SRI.ATHUL ROY SRI.INDRAJITH DILEEP RESPONDENTS:

1 THE DISTRICT REGISTRAR OFFICE OF THE DISTRICT REGISTRAR, KOLLAM, PIN - 691001

2 THE PRINCIPAL SUB REGISTRAR OFFICE OF THE PRINCIPAL SUB REGISTRAR, KOLLAM., PIN – 691 013 SMT. DEEPA NARAYANAN. SR. GP.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

T.R.RAVI.J -------------------------------------------------------

WP(C) No.979 of 2025 --------------------------------------------------------

Dated this the 10^th day of February, 2025 JUDGMENT The writ petition has been filed seeking a direction to the 2^nd respondent to register Ext.P3 correction deed without insisting for the stamp duty leviable on a sale deed.

2. The objection raised is that by virtue of the correction deed, right is sought to be created over certain properties which was not originally there. I have gone through the correction deed and the previous deed. It is evident that what is sold as per Ext.P1 deed is an extent of 4 Ares and 61 square meters out of a total extent of 12 Ares and 85 square meters. While stating about the measurement of the property, instead of stating that the measurement has to start from the North-Eastern corner of the property sought to be sold, it was wrongly mentioned as North-Eastern corner of the total extent of 12.85 square meters. It is this mistake that is sought to be corrected.

3. The Government Pleader submits that the instruction received is that there is a change in the description of the property by changing the point of measurement. I do not find any such mistake as stated. There is no change in the extent and there is no change in the survey number. The description which was originally shown creates a confusion since the entire extent of 12.85 Ares is not sold.

4. In the above circumstances, the petitioner is entitled to succeed in this writ petition. Ext.P6 is set aside. The writ petition is disposed of directing the 2^nd respondent to register Ext.P3 correction deed as and when the original is presented before him without insisting on the stamp duty leviable on the sale deed, if the petitioner satisfies all other conditions under the Registration Act and Rules.

Sd/-

T.R.RAVI JUDGE

sn

APPENDIX OF WP(C) 979/2025 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF THE SALE DEED NO 261/2023 OF THE 2ND RESPONDENT SUB REGISTRAR’S OFFICE DATED 10.02.2023 Exhibit P2 A TRUE COPY OF THE LAND TAX RECEIPT NO.

KL02030303861/2024 DATED 12.04.2024 IN RESPECT OF THE SOLD PROPERTY Exhibit P3 A TRUE COPY OF THE CORRECTION DEED DATED

07.10.2024 Exhibit P4 A TRUE COPY OF THE WRITTEN SUBMISSION DATED

07.10.2024 MADE BY THE PETITIONER BEFORE THE

1ST RESPONDENT Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED 18.01.2029 IN WP C 1533 OF 2019 OF THIS HON'BLE COURT Exhibit P6 A TRUE COPY OF THE ORDER DATED 4.11.2024 ISSUED BY THE 1ST RESPONDENT