PARAVUR PERUVARAM DESIYA Vs. STATE OF KERALA

JUDGEMENT

(1.) The first petitioner is a registered Charitable Society, which is the absolute owner in possession and enjoyment of an extent of 60.04 Ares of land comprised in Survey No.126/2A of Kottuvally Village, Paravur Taluk, Ernakulam District, as evidenced by Ext.P1 Settlement Register. Ext.P2 is the land tax receipt issued in the name of the petitioners by the 3rd respondent. Ext.P3 is Thandaper Account No.10 and ROR Certificate No.2025/7185/07 dtd. 10/2/2025, standing in the name of the first petitioner.

(2.) In order to generate funds, the petitioners decided to sell a portion of the said property and accordingly executed a sale deed on 22/12/2025. When the said document was presented before the 3rd respondent for registration, the same was rejected as per Ext.P6, on the ground that the details of the parent deed were not incorporated in the sale deed.

(3.) Ext.P8 is a communication issued to all District Registrar (General/Audit) and also all registration deputy inspectors annexing a letter from the Secretary of Revenue department to the Inspector general of Registration, Thiruvananthapuram, clarifying that rejection of registration solely on the basis of Thandaper registration, is illegal and improper. Even after P8 is issued on 15/12/2025 the rejection of P6 is on 22/12/2025. The said rejection is without taking into consideration Ext.P8. 3. The petitioners rely on Ext.P7 judgment of this Court, wherein, in a similar factual situation, this Court permitted registration of a gift deed even in the absence of prior title deeds, on the basis of long and continuous possession supported by entries in the Thandaper Register and payment of land tax. Admittedly, in the present case also, the petitioners have been paying land tax in their name as per Ext.P2, and the property stands recorded in their name in the Settlement Register and Thandaper Account as per Exts.P1 and P3.