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2026 DIGILAW 37 (KER)

Paravur Peruvaram Desiya Yogam v. State Of Kerala Represented By The Secretary, Registration Department

2026-01-15

BASANT BALAJI

body2026
JUDGMENT : Basant Balaji, J. 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 dated 10.02.2025, 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. 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. 4. In view of the principles laid down in Ext.P7, I am inclined to allow this writ petition and direct registration of the sale deed on the basis of the documents already produced by the petitioners, namely, the Settlement Register, Thandaper Register and land tax receipts. The petitioners shall also produce a possession certificate before the 5th respondent. Upon production of all the requisite documents, the 5th respondent shall register the document without undue delay, in accordance with law. The writ petition is allowed as above.