2025:KER:29409 WP(C) NO. 11190 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 11190 OF 2025 PETITIONER: MARIYAM DEVASSY AGED 89 YEARS KANNADAN HOUSE, THEKKUMBHAGOM, SOUTH VELLARAPPILLY, ALUVA ERNAKULM, PIN - 683580 BY ADV RAJU JOSEPH RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY CHIEF SECRETORY, SECRETARIAT THIRUVANANATHPURAM, KERALA, PIN - 695001 2 SUB REGISTRAR SUB REGISTRY OFFICE, SREEMOOLANAGARAM, ERNAKULAM, PIN - 683580 SMT. DEEPA NARAYANAN, SR.GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29409 WP(C) NO. 11190 OF 2025 2 T.R. RAVI, J. -------------------------------------------- W.P.(C) No.11190 of 2025 -------------------------------------------- Dated this the 4th day of April, 2025 JUDGMENT The prayer in the writ petition is for a direction to the 2nd respondent to register the document produced as Ext.P6. By Ext.P6 the petitioner intends to settle the properties which she has received as per Ext.P1 partition deed as D Schedule. In D Schedule, the properties have jointly vested in the petitioner and her son Wilson, who is stated to have died without marrying and without any issues. The fact that the petitioner got half right over the D Schedule property cannot be denied. She would also get right as a legal representative of deceased Wilson. The reason for refusal as seen from Ext.P8, is that the petitioner did not get any right of alienation as per Ext.P1 document. On going through Exts.P1 & P6 the reasoning stated in Ext.P8 cannot be sustained. The writ petition is hence allowed. Ext.P8 is set aside. There will be a direction to the 2nd respondent to register the 2025:KER:29409 WP(C) NO. 11190 OF 2025 3 document produced as Ext.P6, if the petitioner satisfies all other requirements for registration. Sd/- T.R. RAVI JUDGE Pn 2025:KER:29409 WP(C) NO. 11190 OF 2025 4 APPENDIX OF WP(C) 11190/2025 PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE PARTITION DEED BEARING NO 3526 OF 2000 WHICH IS REGISTERED IN SREEMOOLANAGARAM SUB REGISTRAR OFFICE DT 25.11.2000 Exhibit P2 THE TRUE COPY OF RELATIONSHIP CERTIFICATE BEARING NUMBER 90179367 DATED 17/12/2024 Exhibit P3 THE TRUE COPY OF SETTLEMENT DEED BEARING NUMBER 1331 OF 2017. Exhibit P4 THE TRUE COPY OF THE TAX PAID RECEIPT BEARING NUMBER KL 07041804356/2024 DATED 11/12/ 2024 Exhibit P5 THE TRUE COPY OF THE ENCUMBRANCE CERTIFICATE BEARING NUMBER P32409787 DATED 12/12/2024 Exhibit P6 THE TRUE COPY OF THE SETTLEMENT DEED DATED 12.2.2025 Exhibit P7 THE TRUE COPY OF THE TOKEN ISSUED BY THE REGISTRATION DEPARTMENT AS TOKEN NUMBER P 8791039 EVIDENCING THE PAYMENT OF STAMP DUTY AND REGISTRATION FEES Exhibit P8 THE TRUE COPY OF THE ORDER DATED 12/2/2025 REJECTING THE REGISTRATION