2025:KER:24246 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 20TH DAY OF MARCH 2025/29TH PHALGUNA, 1946 RP NO. 322 OF 2025 AGAINST THE JUDGMENT DATED 13.12.2017 IN WP(C) NO.22242 OF 2017 OF HIGH COURT OF KERALA REVIEW PETITIONERS/PETITIONERS: 1 VISWAMBHARAN AGED 79 YEARS S/O KRISHNAN, HOUSE NO. 33/250, IRINJALAKKUDA MUNCIPALITY, MANAKKATTUMPADI, MOORKKANAD P.O., MUKUNDAPURAM TALUK, THRISSUR., PIN - 680711 2 NALINI VISWAMBHARAN AGED 69 YEARS W/O VISWAMBHARAN,HOUSE NO. 33/250, IRINJALAKKUDA MUNCIPALITY, MANAKKATTUMPADI, MOORKKANAD P.O., MUKUNDAPURAM TALUK, THRISSUR., PIN - 680711 BY ADVS. K.B.PRADEEP SRADHA MOHAN RESPONDENTS/RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, THIRUVANANTHAPURAM., PIN - 695001 2 SECRETARY, REGISTRATION DEPARTMENT THIRUVANANTHAPURAM., PIN - 695001 3 THE SUB REGISTRAR IRINJALAKKUDA SUB REGISTRAR OFFICE, IRINJALAKKUDA., PIN - 680125 THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 20.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RP No.322 of 2025 2025:KER:24246 -: 2 :- P.B.SURESH KUMAR, J. ----------------------------------------------- R.P.No.322 of 2025 in W.P.(C) No.22242 of 2017 ----------------------------------------------- Dated this the 20th day of March, 2025 O R D E R Petitioners in the writ petition are the review petitioners. 2. An item of property measuring 1.21 Ares was obtained by one Noorjahan in terms of an assignment made under the Kerala Land Assignment Act. She settled the said property in favour of one Rafeek later in terms of Ext.P1 settlement deed. The petitioners entered into an agreement with Rafeek to purchase the property, and in furtherance to the said agreement, a sale deed was executed and presented for registration before the third respondent. The third respondent refused to register the document on the ground that the original owner of the property namely, Noorjahan had no right to alienate the property in terms of the conditions of grant made in her favour. The writ petition was filed, in the circumstances, seeking directions to the third respondent to register RP No.322 of 2025 2025:KER:24246 -: 3 :- the document presented by the petitioners for registration on the ground that there was no impediment for the original owner in alienating the property. 3. When the matter was taken up for hearing, for reasons best known to the petitioners, the learned counsel for the petitioners did not press the relief sought for in the writ petition. Instead, the learned counsel pleaded for a direction to the authorities concerned to extend to them the allowances provided for under Section 47 of the Kerala Stamp Act for the stamp papers purchased in which the document was prepared. Having regard to the facts and circumstances of the case, this Court disposed of the writ petition directing that if the petitioners prefer an application within two weeks for allowances under Section 47 of the said Act in respect of the stamp papers in which sale deed was executed, the same shall be considered, notwithstanding the delay occurred in the matter of preferring such an application. 4. The learned counsel for the review petitioners submits that there is no impediment as on today in Rafeek referred to above, transferring the property in favour of the petitioners and when the petitioners preferred a writ petition as W.P.(C) No.38388 of 2022 for appropriate direction before this Court on that basis, it was RP No.322 of 2025 2025:KER:24246 -: 4 :- contended on behalf of the third respondent that the judgment sought to be reviewed is an impediment for them in claiming the relief in the subsequent writ petition. Inasmuch as there was no adjudication in the judgment sought to be reviewed as to the entitlement of the petitioners for the relief claimed therein, the review petition is disposed of clarifying that the judgment sought to be reviewed will not preclude the petitioners from seeking the reliefs claimed in the writ petition in the subsequent proceedings instituted for the said purpose. Sd/- P.B.SURESH KUMAR, JUDGE. Mn