HYDERALI Vs. THE SUB REGISTRAR WANDOOR, MALAPPURAM DISTRICT

JUDGEMENT

(1.) The grievance of the petitioner is on account of the refusal on the part of the first respondent Sub Registrar to register the sale deed executed by the petitioner in respect of his property on the ground that the said property is 'converted wet land'. It is stated that the petitioner is the owner of 10 cents of land comprised in Sy.No.216/2 pt in Block No.141 of Nilambur Taluk, Malappuram District which he obtained as per registered document No.2148/2013 of SRO, Wandoor. The petitioner had sold the said land and had executed a sale deed and pursuant to the said document for registration before the first respondent Sub Registrar, Wandoor, who rejected the same on the ground that there is a direction from the second respondent Sub Collector as per Ext.P3 restricting alienation of converted wet land and that the document cannot be registered as the property in question is a converted wet land. It is in the light of these factual averments that the petitioner has filed this instant writ petition with the following prayers:- "i) Issue a writ of mandamus st directing the 1 respondent to register the land on re-presentation of the document by the petitioner if otherwise satisfied under the registration act. ii) Issue such other appropriate writ, order or direction which this Hon'ble Court may deem fit in the circumstances of the case."

(2.) Heard Sri.Mahboob Aruveettil, learned counsel for the petitioner and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for the respondents.

(3.) The second respondent is refusing to register the petitioner's property on the ground that it is converted wet land in view of the 2nd direction issued by the respondent Sub Collector in Ext.P3 proceedings which reads as follows:- " . 141 216/2 0.0180 ! # # 2 3 2 # ! . 2 # . 3 @, 2 G # . . ! G . # 22 @ # 2 2 T G . !@ 3 # @ # 2. @ 2 2 T G # ."