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Document Number: W.P.(C). No. 13580 of 2021
Authority Name: Nil
Relevant Section: Nil
Document Date: 07/20/2021
26731-HC WP(C) 13580 of 2021-converted.pdf

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W.PAC. No. 15580 of 2021 Decided on 20 July, 20121 JUDGEMENT History of the case-The property owned by the petitioner was acquired for the setting up of a pipeline by the Kerals Water Authority. As part of rehabilitation ma property admeasuring 1.62 Ares situated within the limits of Thrikkakaran Village wa assigned to him as per Exhibit Pi Sale deed. In Exhibit PL, it is equivocally stated that the entire rights over the property stood transferred to the petitioner and that her is entitled to enjoy the same without any estrictions whatsoever, and that the entire rights of the vendor will stand divested in favour of the petitioner on the execution of the deed. The petitioner wanted to asign the property and for that purpose, he executed Exhibit 12 Sale deed on 15.01.2021 paid Rs 1,63,296/- by way of Stamp Duty and presented the same for registration before the 1 repondent on 16.01.2021. The 1 respondent took the view that as the property originally belonged to the Kerala Water Authority, the petitioner is required obtain a No Objectid Certificate from the District Collector, who is the officer authorized under 5710) the Registration Act, 2 1908 Exhibit P3 is the onder dated 02.02.2021 refusing registration. He has not received the NOC since absolute Sale deed was executed by the authority in favour of the petitioner later when the sale deed was presented again the statutory period of & months has been elapsed and then Sub-Registrar demanded fine for registration Held Section 7109 place an embargo on the registering officer and he is interdicted from accepting any document for registration involving trader including contract for the sale of immovable property if the property invidend themes ested in the Gevement of Kerala or public actor undertakings operating in the State or local self-government institutione unless it is accompanied by a no-obyction certificate inand by an office authorized by the State Government evadent from Exhilst P1 and 12 that the entre rights over the property were vented with the petitioner and nether the State or the KWA has any rights over the same. He had about authority to trander the same free all encumbrances. This was what was noted by the pendent while passing Exhibit P I have no doubt in my mind that the 1" respondent has minterpreted the statutory provisions and has refused registration Ascightly argued by the learned Counsel, this is where maxim "Nal pendra advantage de son et demesne" (No one shall take ان advantage of his wrong The petition cannot be asked to pay a line for delayed respondent that registration was delayed (Note:571/3) of the Registration Act Negering or shall wept forgetration property belonging tooted on the Government of Kerals or public

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