IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

WEDNESDAY, THE 9TH DAY OF JANUARY 2019 / 19TH POUSHA, 1940

WP(C).No. 41002 of 2018

PETITIONER:

K.V.ABDULRAHIMAN

S/O.MUHAMMED MUSALIYAR, KARUVEETIL HOUSE,

P.O.PUNNAYOORKULAM, THRISSUR DISTRICT,

PIN - 679 561.

BY ADV. SRI.V.C.MADHAVANKUTTY

RESPONDENTS:

1

SUB REGISTRAR

ANDATHODE SUB REGISTER OFFICE, ANDATHODE P.O.,

THRISSUR DT., PIN - 679 564.

2

SECRETARY TO GOVERNMENT

REGISTRATION DEPARTMENT, SECRETARIAT,

THIRUVANANTHAPURAM - 695 001.

SRI.SAIGI JACOB PALATTY,SR.GOVT.PLEADER

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

09.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

(C.R.)

ALEXANDER THOMAS, J.

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W.P.(C) No.41002 of 2018

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Dated this the 9^th day of January, 2019

J U D G M E N T

The prayers in the above Writ Petition (Civil) are as follows.

"

I. Direct the respondents to permit the petitioner for

incorporating his signature in Exhibit P1 or to ratify the

deed for the completion of Exhibit P1 partition deed, by the

egistration of which the entire stamp duty and registration

fee has already been paid.

II. Delcare that the petitioner is not entitled to pay the stamp

duty and registration fee for the entire property involved in

Exhibit P1, since the persons involved in Exhibit P1 partition

deed has alrady paid the entire stamp duty and registration

fee prevailed in the year 1980, at the time of registration of

Exhibit P1.

III. Issue such other writ, direction or order as this Hon'ble

Court may deems fit and proper in the circumstances of the

case. "

2.

Heard Sri.V.C.Madhavankutty, learned counsel

appearing for the petitioner and Sri.Saigi Jacob Palatty, learned

Senior Government Pleader appearing for the respondents.

3.

From the pleadings and materials on record, it is seen

that the petitioner is arrayed as the 2^nd party in Ext.P-1 partition

deed No.985/1980 of SRO Andathode, Thrissur District. Ext.P-1

partition deed was in relation to the partioning of the properties of

late Muhammed Musaliyar, the deceased father of the petitioner.

The legal heirs of the deceased Muhammed Musaliyar, consisted

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of his wife and 5 children including the petitioner. The petitioner

has been arrayed as 2^nd party in Ext.P-1 partition deed. Except the

petitioner, all other parties have duly signed and executed Ext.P-1

partition deed. However the share of all the co-owners/co-sharers

including that of the petitioner has been specifically allotted in the

said partition deed. Ext.P-1 partition deed was duly registered

before the SRO, Andathode on 10.10.1980. There does not appear

to be any dispute that the entire stamp duty and registration fee

payable for the registration of Ext.P-1 partition deed was duly paid

by the parties concerned and even if the petitioner had also signed

and executed the said deed, the stamp duty and registration fee

payable was sufficient for its registration. According to the

petitioner, he was then employed abroad and therefore he could

not take steps to come to India, to sign and execute the said

document.

4.

It is averred that, after registration of Ext.P-1 partition

deed certain transactions are made on the basis of that document

and the document has also been duly acted upon by the parties

concerned. Now some of the executants in Ext.P-1 had attempted

to create mortgage in respect of their respective shares, there was

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some objections raised that the document is incomplete in the

absence of the signature and execution by the petitioner in the said

document. So also it is stated that against the properties of certain

sharers, mutation has been denied on that fault. Immediate

grievance of the petitioner is that, his attempts to mortgage the

property and to get the property mutated in respect of his share

mentioned in Ext.P-1 cannot b