2025:KER:26773 WP(C) NO. 12336 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 12336 OF 2025 PETITIONER: NAZEER K AGED 52 YEARS KUNJALAN, KODALI HOUSE, CHUNDAL P.O, WAYANAD DISTRICT, PIN - 673123 BY ADVS. T.N.SURESH YEDU KRISHNA S. MEDHA MARIA MATHEW AISWARYA UNNIKRISHNAN RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY, REVENUE DEPARTMENT, 2ND FLOOR NORTH BLOCK, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 SUB REGISTRAR SUB REGISTRAR OFFICE, KALPETTA, VYTHIRI, KUNNATHIDAVAKA, PIN - 673576 2025:KER:26773 WP(C) NO. 12336 OF 2025 2 3 VILLAGE OFFICER VILLAGE OFFICE CHUNDEL, WAYANAD DISTRICT, PIN - 673123 SRI. RAJEEV JYOTHISH GEORGE, GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26773 WP(C) NO. 12336 OF 2025 3 T.R. RAVI, J. -------------------------------------------- W.P.(C). No.12336 of 2025 -------------------------------------------- Dated this the 27th day of March, 2025 JUDGMENT The petitioner entered into a sale agreement with one Mr.Abdulsalim to sell his property covered by Ext.P1 sale deed. According to the petitioner, when he approached the 2nd respondent for enquiring as to the formalities and procedures to be followed for registering the document, the 2nd respondent after perusing the relevant documents raised an objection that the sale deed cannot be registered as there is a prohibition for transferring the property, which was included in the ceiling case initiated against Malayalam Plantations Ltd. and that pattayam has to be obtained. It is in these circumstances, the petitioner has approached this Court seeking for a direction to the 2nd respondent to register the sale deed submitted by the petitioner to transfer his property and for a direction to the 3rd respondent to issue revenue records to the petitioner pertaining to his property covered by Ext.P1. 2. Heard the counsel for the petitioner and the Government Pleader for the respondents. 2025:KER:26773 WP(C) NO. 12336 OF 2025 4 3. A similar issue was considered by this Court in W.P.(C).No.8598 of 2024 (Ext.P10). I do not find any reason to take a different view than the one taken in the said judgment. The fact that the Government has initiated proceedings under the Kerala Land Conservancy Act to retrieve the land is not a ground to deny registration unless and until the proceedings under the Kerala Land Conservancy Act is finalised. The writ petition is hence disposed of directing the 2nd respondent to register the document on presentation by the petitioner, if it is otherwise in order. There will be a direction to the 3rd respondent to issue revenue records to the petitioner pertaining to the property covered by Ext.P1 sale deed. It is made clear that the Government is at liberty to continue the proceedings under the Kerala Land Conservancy Act, if initiated. Sd/- T.R. RAVI JUDGE Pn 2025:KER:26773 WP(C) NO. 12336 OF 2025 5 APPENDIX OF WP(C) 12336/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE SALE DEED NO. 1750/2008 DATED 29/11/2008 OF SRO VYTHIRI Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED 10/07/2024 ISSUED BY THE 3RD RESPONDENT Exhibit P3 THE TRUE COPY OF THE POSSESSION CERTIFICATE DATED 03/03/2022 ISSUED BY THE 3RD RESPONDENT Exhibit P4 THE TRUE COPY OF THE BUILDING TAX RECEIPT DATED 21/02/2025 ISSUED BY THE VYTHIRI GRAMA PANCHAYATH Exhibit P5 THE TRUE COPY OF THE SALE DEED NO. 3784/1980 OF SRO VYTHIRI Exhibit P6 THE TRUE COPY OF THE SALE DEED NO. 309/1989 DATED 07/03/1989 Exhibit P7 THE TRUE COPY OF THE SALE AGREEMENT DATED 27/02/2025 EXECUTED BETWEEN THE PETITIONER AND MR. ABDULSALIM Exhibit P8 THE TRUE COPY OF THE DRAFT STATEMENTS OF LAND PREPARED BY THE TALUK LAND BOARD NO. 27288/N2/2010/REVENUE DATED 15/11/2010 OF SOUTH WAYANAD Exhibit P9 THE TRUE COPY OF THE ORDER DATED 07/03/2025 ISSUED BY THE 3RD RESPONDENT Exhibit P10 THE TRUE COPY OF THE JUDGMENT DATED 06/08/2024 IN WP(C) NO.8598/2024