2025:KER:27342 WP(C) NO. 45501 OF 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 45501 OF 2024 PETITIONERS: 1 SAUMESH IMMANUEL ABRAHAM AGED 41 YEARS S/O ABRAHAM, CHANKRAMATH HOUSE, MURIYAD.P.O, THRISSUR DISTRICT, PIN - 680683 2 SUGANDHI AGED 38 YEARS W/O SANIL, PAYAMMAL HOUSE PULLUR.P.O, THRISSUR DISTRICT, PIN - 680683 BY ADVS. V.M.KRISHNAKUMAR V.A.AJAY RESPONDENTS: 1 THE SUB REGISTRAR, KALLETTINKARA SUB REGISTRY, KALLETTINKARA.P.O, THRISSUR, PIN - 680683 2 DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOLE, THRISSUR DISTRICT, PIN - 680003 3 THRISSUR DISTRICT PANCHAYATH REP.BY SECRETARY, OFFICE OF THE DISTRICT PANCHAYATH, AYYANTHOLE P.O. THRISSUR, PIN - 680003 2025:KER:27342 WP(C) NO. 45501 OF 2024 2 SRI. RANJITH THAMBN (SR.) SMT. DEEPA NARAYANAN, SR.GP SRI.P.S.ANISHAD, SC-R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27342 WP(C) NO. 45501 OF 2024 3 T.R. RAVI, J. -------------------------------------------- W.P(C). No. 45501 of 2024 -------------------------------------------- Dated this the 28th day of March, 2025 JUDGMENT The prayer in this writ petition to quash Ext.P5 and to direct the 1st respondent to register Ext.P1 document. The 1st petitioner has entered into an agreement with the 2nd petitioner for the purchase of properties covered by Ext.P1. The properties originally belonged to one Radha, who had assigned the same to the 2nd petitioner as per registered sale deed No.2035/2008 of Kallettinkara Sub Registry. In Ext.P1, there is a prohibition contained against alienation. The properties were transferred on the basis of a scheme for providing housing for persons belonging to the SC/ST category who did not have land of their own. A portion of the amount for construction of the house was met by the District Panchayath. The scheme under which the properties were purchased by the 2nd petitioner only 2025:KER:27342 WP(C) NO. 45501 OF 2024 4 says about a restriction for 15 years. The period of 15 years is over. The only other question is whether the amount which has been spent by the District Panchayath has to be made good when a transfer is effected. 2. A counter affidavit has been filed by the 3rd respondent wherein it is stated that a financial assistance of Rs.75,000/- had been granted and for the purpose of sanction to sell the properties, the amount has to be repaid. However, the question of payment of interest is not specified in the agreement between the parties, a copy of which has been produced as Ext.R3(1). The agreement only says about returning the amount which has been advanced and does not speak about payment of any interest. In the above circumstances, this writ petition is disposed of. Ext.P5, whereby the request has been rejected is quashed. There will be a direction to the 1st respondent to register Ext.P1 document as and when the same is presented for registration and on the petitioners complying with all the requirements of registration. The petitioners 2025:KER:27342 WP(C) NO. 45501 OF 2024 5 shall also produce before the 1st respondent proof of payment of Rs.75,000/- to the 3rd respondent, which will be a condition precedent for permission to transfer the properties. The period during which this writ petition was pending before this Court and the period taken for issuance of receipt for the payment of Rs.75,000/- by the 3rd respondent shall be excluded for the purpose of registration. The merits of the contentions raised in the writ petition are left open. Sd/- T.R.RAVI JUDGE LEK 2025:KER:27342 WP(C) NO. 45501 OF 2024 6 APPENDIX OF WP(C) 45501/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTERED SALE DEED NO. 2035/2008 OF KELLETTINKARA SUB REGISTRY DATED 31.03.2008 Exhibit P2 TRUE COPY OF THE SALE DEED DATED 17.12.2022 EXECUTED BY 2ND PETITIONER HEREIN IN FAVOUR OF THE 1ST PETITIONER Exhibit P3 TRUE COPY OF THE JUDGMENT IN WP(C).NO.5114/2023 DATED 22.02.2024 Exhibit P4 TRUE COPY OF APPLICATION DATED 11.03.2024 FILED BY THE 2ND PETITIONER BEFORE THE DISTRICT COLLECTOR WITHOUT ANNEXURES Exhibit P5 TRUE COPY OF THE PROCEEDINGS NO.DPT/C2- 113/2015 DATED 03.06.2024 OF THE DISTRICT COLLECTOR TO SUGANDHI Exhibit P6 TRUE COPY OF THE GOVERNMENT ORDER, G.O. (MS) NO.13/2023/SCSTD DATED 23.05.2023 RESPONDENT EXHIBITS Exhibit R3 (1) A TRUE COPY OF THE AGREEMENT DATED 31/03/2008 Exhibit R3 (2) A TRUE COPY OF THE COMMUNICATION NO. C4-2970/07 DATED 28/03/2008 Exhibit R3 (3) A TRUE COPY OF THE PROCEEDINGS OF THE SECRETARY OF THE 3RD RESPONDENT DATED 29/03/2008