ANEESH J. Vs. STATE OF KERALA

JUDGEMENT

(1.) This batch of writ petitions pertains to effecting transfer of registry of the properties purchased by them by a registered deed. The transfer of registry was denied on account of pendency of I.P.No.3/1100 (ME) on the file of District Court, Kollam. This I.P. was filed by one Koya Kunju who had extensive properties in various parts of the State. The official receiver was also appointed in I.P. The I.P. proceedings are stated to be pending even now.

(2.) There were writ petitions with similar prayers in W.P.(C)No.17048/2010 and connected matters. This Court after noting pendency of I.P., vide judgment dated 7.12.2010, ordered to effect transfer of registry and to accept basic tax. This was essentially taking note of the fact that the petitioners therein claimed title based on a purchase certificate issued by the Land Tribunal.

(3.) The purchase certificate issued by the Land Tribunal under the Kerala Land Reforms Act is having conclusive nature as to the title and interest in relation to the property, which is the subject matter of proceedings for issuing a purchase certificate. Therefore, unless and until, such purchase certificate is challenged in appropriate proceedings, the Revenue Authority or any other Authority cannot deny the transfer of registry being effected. If that being so, the petitioners are able to trace out title through the purchase certificate, necessarily, transfer of registry shall be effected on the petitioners based on the title deed produced by the petitioners.