NARAYANA MANI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner seeks for registration of title deed in respect of the conveyance of property situated in Survey No. 1731/Part of Sholayoor Village. On approaching the Registering Authority, some objection was raised, asking the petitioner to produce 'NOC' from the 'Forest Department'. The case of the petitioner is that, none of the provisions of Registration Act or the Rules thereunder, does insist any such stipulation and as such, no objection could have ever been raised by the Registering Authority for causing the registration. The petitioner points out that the issue had come up for consideration of this Court, particularly, with regard to the 'NOC' insisted from the 'Revenue' Authorities for causing registration of conveyance in the area and as per the decision reported in (Selvan v. State of Kerala, 2010 1 KerLT 508), it was declared that no such objection could have been raised by the Registering Authority for causing registration. It is also brought to the notice of this Court that a Division Bench of this Court concurred with the said view as per Ext. P8 judgment dated 25.8.2011 in W.A. No. 648 of 2010 (to which, I was also a member).

(2.) Heard the learned Senior Government Pleader as well. After hearing both the sides and also perusing the materials on record, this Court finds that the issue is squarely covered by the precedents as mentioned above and the petitioner is entitled to succeed. The concerned Registering Authority is directed to register the relevant deed on production of the same and satisfaction of all other requirements in tune with the relevant provisions of the Registration Act/Rules, without insisting for 'NOC' from the Forest Department. It is also made clear that, it will be open for the Forest Department to proceed against the property, if there is any infringement in relation to any of the provisions of the Forest Act or such other related enactments. The Writ Petition is disposed of.