SIBI THOMAS v. SUB REGISTRAR
Case at a glance
Provisions considered
Key paragraphs
- Para 22. Heard the learned Government Pleader who upon instructions submitted that it is true that in similar matters this Court has interfered and has passed judgments in the nature of Ext.P5, but requested that the liberty of the Government to initiate appropriate proceedings for institution…
- Para 66. Subsequently, a Division Bench of this Court in the judgment in Harissons Malayalam Ltd. v. State of Kerala, reported in 2018 (2) KLT 369 = 2018 (2) KHC 719 (judgment dated 11.4.2018 in W.P.(C).No.33122/2014 and connected cases) has held that the special officer authorised…
Judgment
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 25TH DAY OF MARCH 2024 / 5TH CHAITHRA, 1946 WP(C) NO. 10804 OF 2024 PETITIONER: PEARLY MATHEW, AGED 53 YEARS WIFE OF PAUL RAJ, RESIDING AT 'APSARA', S.V.COLONY, ERANHIPALAM (P.O), KOZHIKODE, PIN - 673 006 REPRESENTED BY POWER OF ATTORNEY HOLDER , LOVELY CATHERINE MATHEW, AGED 62, WIFE OF BENNY VARGHESE, RESIDING AT 'APSARA', S.V.COLONY, ERANGIPALAM (P.O), KOZHIKODE, PIN - 673006 BY ADVS. NIDHI SAM JOHNS LIJO JOSEPH (THOPPIL) A.KEVIN THOMAS CELIA SANTHOSH RESPONDENT: SUB REGISTRAR SUB REGISTRAR OFFICE, KALPETTA (PO), WAYANAD DISTRICT, PIN – 673121 GP - AJITH VISWANATHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2024, ALONG WITH WP(C).10692/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C). Nos.10692, 10762, 10804, 10835 & 10873 of 2024 4 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 25TH DAY OF MARCH 2024 / 5TH CHAITHRA, 1946 WP(C) NO. 10835 OF 2024 PETITIONERS: 1 2 3 4 LOVELY CATHERINE MATHEW,AGED 62 YEARS WIFE OF BENNY VARGHESE, RESIDING AT 'APSARA' S.V.COLONY, ERANHIPALAM (P.O), KOZHIKODE, PIN - 673006 ASHLEY SIBI THOMAS, AGED 60 YEARS WIFE OF SIBI THOMAS, RESIDING AT 8B2, ABM TOWERS, GANDHI NAGAR ROAD, KADAVANTHRA, KOCHI, PIN - 682020 MERLY THOMAS, AGED 56 YEARS WIFE OF THOMAS JOSEPH RESIDING AT 116, PINE A2, PRESTIGE GREENWOODS, CV RAMAN NAGAR, BANGALORE, PIN:560093, REPRESENTED BY POWER OF ATTORNEY HOLDER, LOVELY CATHERINE MATHEW, AGED 62, WIFE OF BENNY VARGHESE, 'APSARA' S.V.COLONY, ERANHIPALAM (P.O), KOZHIKODE,, PIN - 673006 PEARLY MATHEW, AGED 53 YEARS WIFE OF PAUL RAJ,RESIDING AT 'APSARA', S.V.COLONY, ERANHIPALAM (P.O), KOZHIKODE, PIN - 673 006 REPRESENTED BY POWER OF ATTORNEY HOLDER, LOVELY CATHERINE MATHEW, AGED 62, WIFE OF BENNY VARGHESE, 'APSARA' S.V.COLONY, ERANHIPALAM (P.O),KOZHIKODE, PIN - 673006 BY ADVS. NIDHI SAM JOHNS LIJO JOSEPH (THOPPIL) A.KEVIN THOMAS CELIA SANTHOSH RESPONDENT: W.P(C). Nos.10692, 10762, 10804, 10835 & 10873 of 2024 5 SUB REGISTRAR SUB REGISTRAR OFFICE, KALPETTA (PO), WAYANAD DISTRICT, PIN – 673121 GP - AJITH VISWANATHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2024, ALONG WITH WP(C).10692/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C). Nos.10692, 10762, 10804, 10835 & 10873 of 2024 6 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 25TH DAY OF MARCH 2024 / 5TH CHAITHRA, 1946 WP(C) NO. 10873 OF 2024 PETITIONER: ASHLEY SIBI THOMAS AGED 60 YEARS 8B2, ABM TOWERS, GANDHI NAGAR ROAD, KADAVANTHRA, KOCHI, PIN - 682020 BY ADVS. LIJO JOSEPH (THOPPIL) NIDHI SAM JOHNS CELIA SANTHOSH A.KEVIN THOMAS A.V.THOMAS (SR.)(T-49) RESPONDENT: SUB REGISTRAR SUB REGISTRAR OFFICE, KALPETTA (PO), WAYANAD DISTRICT, PIN – 673121 GP - AJITH VISWANATHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2024, ALONG WITH WP(C).10692/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C). Nos.10692, 10762, 10804, 10835 & 10873 of 2024 7 VIJU ABRAHAM, J. ................................................................. W.P(C). Nos.10692, 10762, 10804, 10835 & 10873 of 2024 ................................................................. Dated this the 25th day of March, 2024 JUDGMENT Since similar issues are raised in all these writ petitions, they are heard together and disposed of by the common judgment. The relief sought for in all these writ petitions is for a direction to the respondents to register the sale deeds with respect to the immovable properties covered by Exts.P1 deeds, Ext.P2 basic tax receipts and Ext.P4 thandaper accounts. Petitioners contend that they are in absolute ownership with right, title and possession and enjoyment of landed properties with cardamom cultivation, obtained as per Exts.P1 sale deeds.
It is further contend that the properties originally belonged to Malayalam Plantations Ltd (now Harrisons Malayalam Ltd.) as per document no.2804/1923 of Madras Registrar Office and after obtaining permission from the District Collector, Kozhikode vide order no.D.Dis 37660/69 dated 20.11.1970 the subject properties were sold to Leelamma Mathew and thereafter petitioners came in possession and ownership of the same. Petitioners contend that they have effected mutation in respect of the said properties and thandaper accounts were also assigned. It is further contend that the petitioners are remitting basic W.P(C). Nos.10692, 10762, 10804, 10835 & 10873 of 2024 8 tax in respect of the said properties as evident from Exts.P2. For disposal of the said properties petitioners have approached the Village officer for issuance of thandaper account (ROR) and other certificates which was declined by the Village Officer on the ground that the properties once belonged to Harrisons Malayalam Ltd.
Thereupon the petitioners have approached this Court and by Ext.P3 judgment this Court directed the Village Officer to issue thandaper account certificates, possession certificates, etc. within a period of one month. Accordingly the same were issued to the petitioners. However the respondent Sub Registrar is not inclined to register the sale deeds on the ground that the subject properties were originally held by the erstwhile Malayalam Plantations Ltd. which later become M/s.Harrisons Malayalam Ltd. Petitioners submit that in similar circumstances this Court has interfered and passed an interim order in W.P.(C) No.7512 of 2017 directing the Sub Registrar to permit the petitioners therein to execute sale deeds with respect to their immovable properties subject to the outcome of the writ petition. Petitioners submit that in the meanwhile a Single Bench of this Court in M/s.Harrisons Malayalam Ltd., Cochin v.
State of Kerala, 2014 (4) KHC 245 has held that if a person is in legal possession of land, then without determination of the legal possession proceedings under the Land Conservancy Act cannot be initiated and that determination of the legal possession cannot be done invoking the provisions of the Land Conservancy Act, which only provides W.P(C). Nos.10692, 10762, 10804, 10835 & 10873 of 2024 9 summary procedure for evicting illegal and unauthorised occupants and in such cases, the only remedy is to seek declaration of title and recovery of property from the private party concerned by filing suit before the competent civil court. Subsequently, a Division Bench of this Court in the judgment in Harrissons Malayalam Ltd. v. State of Kerala, 2018 (2) KLT 369 has held that the special officer authorised under the Kerala Land Conservancy Act has absolutely no competence to declare void the agreements, registered conveyances, certificates of purchase and exemption issued under the Kerala Land Reforms Act or the orders of the civil courts and those of statutory bodies and that the special officer authorised under the Kerala Land Conservancy Act and acting under the powers conferred under the said statute can only exercise summary powers to evict unauthorised occupants from Government puramboke lands, but cannot adjudicate on the title and then carry out eviction and that the title in favour of the Government cannot be declared by the special officers appointed under the Kerala Land Conservancy Act.
It is further contended by the learned counsel for the petitioners that the said judgment of the Division Bench was affirmed by the Apex Court by dismissal of SLPs filed by the State. Thereafter W.P.(C) No.7512 of 2017 was disposed of by this Court as per Ext.P5 judgment placing reliance on the Harrissons Malayalam Ltd.’s case cited supra making the interim order directing W.P(C). Nos.10692, 10762, 10804, 10835 & 10873 of 2024 10 registration of the sale deed absolute. The operative portion of Ext.P5 judgment reads as follows: “5. This Court in the judgment in M/s.Harrisons Malayalam Ltd., Cochin v. State of Kerala reported in 2014 (4) KHC 245 = 2014(4) KLT 371 a learned Single Judge has held that if a person is in legal possession of land, then without determination of the legal possession proceedings under the Land Conservancy Act cannot be initiated and that determination of the legal possession cannot be done invoking the provisions of the Land Conservancy Act, which only provides summary procedure for evicting illegal and unauthorised occupation and in such cases, the only remedy is to seek declaration of the title and recovery of property from the private party concerned by filing suit before the competent civil court, etc.
Subsequently, a Division Bench of this Court in the judgment in Harissons Malayalam Ltd. v. State of Kerala, reported in 2018 (2) KLT 369 = 2018 (2) KHC 719 (judgment dated 11.4.2018 in W.P.(C).No.33122/2014 and connected cases) has held that the special officer authorised under the Kerala Land Conservancy Act has absolutely no competence to declare void the agreements, registered conveyances, certificates of purchase and exemption issued under the KLR Act or the orders of the civil courts and those of statutory bodies and that the special officer authorised under the KLC Act and acting under the powers conferred under the said statute can only exercise summary powers to evict unauthorised occupants from Government puramboke lands, but cannot adjudicate on the title and then carry out eviction and that the title in favour of the Government cannot be declared by the special officers appointed under the KLC Act.
It is not in dispute that the abovesaid judgment of the Division Bench in Harissons Malayalam Ltd. v. State of Kerala, reported in 2018 (2) KLT 369 = 2018 (2) KHC 719, has already been affirmed by the Apex W.P(C). Nos.10692, 10762, 10804, 10835 & 10873 of 2024 11 Court by the dismissal of the SLP filed by the State against the said judgment of the Division Bench. Accordingly, it is only to be ordered that in case the respondents have a case that the property in question is relatable to the properties of M/s.Malayalam Plantation Ltd. and that the said company does not have title and that the title is vested with the Government, etc., then summary procedure under the KLC Act will not suffice and the same can be established only by instituting civil suit for declaration of title and other consequential reliefs before the appropriate civil court as already held by the Division Bench in the abovesaid judgment.
Therefore, without prejudice to the rights of the respondents to initiate such proceedings as clarified in the abovesaid Division Bench judgment of this Court, it is ordered that the interim order granted by this Court on 7.7.2017 directing registration of the sale deed is made absolute.” In spite of the said specific direction issued in Ext.P5 the respondent Sub Registrar is not inclined to register the sale deeds taking a stand that separate direction need be obtained from this Court for registration of the document. Petitioners submit that the said stand taken by the respondent Sub Registrar is absolutely arbitrary and unjust and contrary to the decisions of this Court referred to above. Petitioners relying on Section 69(2) of the Registration Act, 1908 and Rule 67 of the Registration Rules (Kerala) and on the strength of the judgments of this Court in Eshaque v. Sub Registrar, 2002 (1) KLT 330 and Sumathi v. State of Kerala, 2018 (4) KLT 959 contended that there is no power empowering the registering authority to satisfy himself about the title of the executant of the document. W.P(C). Nos.10692, 10762, 10804, 10835 & 10873 of 2024 12
Heard the learned Government Pleader who upon instructions submitted that it is true that in similar matters this Court has interfered and has passed judgments in the nature of Ext.P5, but requested that the liberty of the Government to initiate appropriate proceedings for institution of a suit shall be left open. In the above facts and circumstances I am of the view that the stand taken by the respondent Sub Registrar that the registration of the document cannot be done only for the reason that the subject property involved is one originally held by M/s.Harrisons Malayalam Ltd. cannot be accepted. Therefore, there will be a direction to the respondent Sub Registrar to register deeds with respect to the immovable property of the petitioners covered by Exts.P1 deeds, Exts.P2 basic tax receipts and Exts.P4 thandaper accounts without any delay as soon as the same is presented for registration, if there are no other impediment in registering the same.
It is made clear that the registration of the documents will be without prejudice to the right of the State to challenge the question of title that may be raised by them in appropriate civil proceedings. All the writ petitions are disposed of with the abovesaid direction. Sd/- VIJU ABRAHAM JUDGE W.P(C). Nos.10692, 10762, 10804, 10835 & 10873 of 2024 13 APPENDIX OF WP(C) 10692/2024 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 TRUE COPY OF THE SALE DEED NO.2510/2003 DATED 27/09/2003 OF KALPPETTA SUB REGISTRY OFFICE IN FAVOUR OF THE PETITIONER TRUE COPY OF THE TAX RECEIPT NO.KL12031700678/2023 DATED 11/05/2023 FOR THE PERIOD 2023-24 ISSUED BY THE VILLAGE OFFICER, VELLARIMALA VILLAGE IN RESPECT OF 1 HECTARE 74.54 ARES OF PROPERTY COVERED BY EXHIBIT-P1 SALE DEED TRUE COPY OF THE JUDGMENT DATED 23/01/2024 IN W.P.(C). NO.2578/2024 OF HIGH COURT OF KERALA . TRUE COPY OF THE THANDAPER ACCOUNT DATED 23/02/2024 ISSUED BY THE VILLAGE OFFICER, VELLARIMALA VILLAGE IN RESPECT OF 1 HECTARE 74.54 ARES OF PROPERTY COVERED BY EXHIBIT-P1 SALE DEED TRUE COPY OF THE JUDGMENT DATED 07/01/2019 IN W.P.(C).NO.7512/2017 OF HIGH COURT OF KERALA W.P(C).
Nos.10692, 10762, 10804, 10835 & 10873 of 2024 14 APPENDIX OF WP(C) 10762/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE GIFT DEED NO.47/1977 DATED 06/01/1977 OF VYTHIRI SUB REGISTRY OFFICE IN FAVOUR OF THE PETITIONER Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 OF TAX COPY TRUE RECEIPT NO.KL12031700680/2023 DATED 11/05/2023 FOR THE PERIOD 2023-24 ISSUED BY THE VILLAGE OFFICER, VELLARIMALA VILLAGE IN RESPECT OF THE TOTAL 2 HECTARE 2.34 ARES OF PROPERTY COVERED BY EXHIBIT-P1 GIFT DEED TRUE COPY OF THE JUDGMENT DATED 23/01/2024 IN W.P.(C). NO.2592/2024 OF HIGH COURT OF KERALA TRUE COPY OF THE THANDAPER ACCOUNT DATED 23/02/2024 ISSUED BY THE VILLAGE OFFICER, VELLARIMALA VILLAGE IN RESPECT OF 2 HECTARE 2.34 ARES OF PROPERTY COVERED BY EXHIBIT-P1 GIFT DEED TRUE COPY OF THE JUDGMENT DATED 07/01/2019 IN W.P.(C).NO.7512/2017 OF HIGH COURT OF KERALA W.P(C). Nos.10692, 10762, 10804, 10835 & 10873 of 2024 15 APPENDIX OF WP(C) 10804/2024 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 TRUE COPY OF THE SETTLEMENT DEED NO.5052/2010 DATED 07/08/2010 OF KALPETTA SUB REGISTRY OFFICE IN FAVOUR OF THE PETITIONER TRUE COPY OF THE TAX RECEIPT KL12031700677/2023 DATED 11/05/2023 FOR THE PERIOD 2023-24 ISSUED BY THE VILLAGE OFFICER, VELLARIMALA VILLAGE IN RESPECT OF PETITIONER'S 2 HECTARE 2.34 ARES OF PROPERTY COVERED BY EXHIBIT-P1 DOCUMENT TRUE COPY OF THE JUDGMENT DATED 23/01/2024 IN W.P.(C).
NO.2603/2024 OF HIGH COURT OF KERALA TRUE COPY OF THE THANDAPER ACCOUNT DATED 23/02/2024 ISSUED BY THE VILLAGE OFFICER, VELLARIMALA VILLAGE IN RESPECT OF 2 HECTARE 2.34 ARES OF PROPERTY COVERED BY EXHIBIT-P1 DOCUMENT TRUE COPY OF THE JUDGMENT DATED 07/01/2019 IN W.P.(C).NO.7512/2017 OF HIGH COURT OF KERALA TRUE COPY OF THE POWER OF ATTORNEY NO.79/2022 DATED 08/03/2022 OF KOZHIKODE SRO EXECUTED BY THE PETITIONER IN FAVOUR OF LOVELY CATHERINE MATHEW W.P(C). Nos.10692, 10762, 10804, 10835 & 10873 of 2024 16 APPENDIX OF WP(C) 10835/2024 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 TRUE COPY OF THE SALE DEED NO.1854/1970 DATED 30/11/1970 OF VYTHIRI SUB REGISTRY OFFICEIN FAVOUR OF THE PETITIONERS' MOTHER SMT.LEELAMMA MATHEW TRUE COPY OF THE TAX RECEIPT DATED KL12031700676/2023 DATED 11/05/2023 FOR THE PERIOD 2023-24 ISSUED BY THE VILLAGE OFFICER, VELLARIMALA VILLAGE IN RESPECT OF 2 HECTARE 2.34 ARES OF PROPERTY IN THE NAME OF LEELAMMA MATHEW TRUE COPY OF THE JUDGMENT DATED 23/01/2024 IN W.P.(C).
NO.2611/2024 OF HIGH COURT OF KERALA TRUE COPY OF THE THANDAPER ACCOUNT DATED 23/02/2024 ISSUED BY THE VILLAGE OFFICER, VELLARIMALA VILLAGE IN RESPECT OF 2 HECTARE 2.34 ARES OF PROPERTY COVERED BY EXHIBIT-P1 SALE DEED TRUE COPY OF THE JUDGMENT DATED 07/01/2019 IN W.P.(C).NO.7512/2017 OF HIGH COURT OF KERALA TRUE COPY OF THE DEATH CERTIFICATE DATED 23/11/2013 OF PETITIONERS' MOTHER LEELAMMA THOMAS ISSUED BY THE SUB REGISTRAR OF BIRTH AND DEATH KOZHIKODE CORPORATION TRUE COPY OF THE DEATH CERTIFICATE DATED 02/12/2012 OF PETITIONERS' FATHER MATHEW THAMARAKAD ISSUED BY THE SUB REGISTRAR OF BIRTH & DEATH KOZHIKODE CORPORATION TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE NO.K.DIS.1754/2014 DATED 31/07/2015 ISSUED BY THE TAHSILDAR KOZHIKODE TRUE COPY OF THE POWER OF ATTORNEY NO.79/2023 OF WESTHILL SRO DATED 04/07/2023 EXECUTED BY THE 3RD PETITIONER IN FAVOUR OF W.P(C). Nos.10692, 10762, 10804, 10835 & 10873 of 2024 17 Exhibit P10 THE 1ST PETITIONER TRUE COPY OF THE POWER OF ATTORNEY NO.79/2022 OF KOZHIKODE SRO DATED 08/03/2022 EXECUTED BY THE 4TH PETITIONER IN FAVOUR OF THE 1ST PETITIONER W.P(C).
Nos.10692, 10762, 10804, 10835 & 10873 of 2024 18 APPENDIX OF WP(C) 10873/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO.2508/2003 DATED 27/09/2003 OF KALPPETTA SUB REGISTRY OFFICE IN FAVOR OF THE PETITIONER Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P4(a) Exhibit P5 OF TAX COPY TRUE RECEIPT NO.KL12031700679/2023 DATED 11/05/2023 FOR THE PERIOD 2023-24 ISSUED BY THE VILLAGE OFFICER, VELLARIMALA VILLAGE IN RESPECT OF THE TOTAL 1 HECTARE 74.58 ARES OF PROPERTY COVERED BY EXHIBIT-P1 SALE DEED TRUE COPY OF THE JUDGMENT DATED 23/01/2024 IN W.P.(C). NO.2593/2024 OF HIGH COURT OF KERALA TRUE COPY OF THE THANDAPER ACCOUNT DATED 23/02/2024 ISSUED BY THE VILLAGE OFFICER, VELLARIMALA VILLAGE IN RESPECT OF 1 HECTARE 10.58 ARES OF PROPERTY COVERED BY EXHIBIT-P1 SALE DEED TRUE COPY OF THE THANDAPER ACCOUNT DATED 23/02/2024 ISSUED BY THE VILLAGE OFFICER, VELLARIMALA VILLAGE IN RESPECT OF 64 ARES OF PROPERTY COVERED BY EXHIBIT-P1 SALE DEED TRUE COPY OF THE JUDGMENT DATED 07/01/2019 IN W.P.(C).NO.7512/2017 OF HIGH COURT OF KERALA W.P(C). Nos.10692, 10762, 10804, 10835 & 10873 of 2024 19
Questions this judgment answers
Which statutory provisions did this judgment involve?
Land Conservancy Act; Kerala Land Conservancy Act; Kerala Land Reforms Act; Registration Act, 1908 — s. 69(2).
Which court decided this case, and when?
Kerala High Court, on 25 Mar 2024. The bench was VIJU ABRAHAM.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.