Sainaba P. vs The Sub Registrar, The Revenue Divisional Officer and The Village Officer

Antony Dominic, J.—The challenge in the writ petition is against Ext. P3, a memo issued by the 1st Respondent. Petitioner states that she sold 10.15 cents of land as per Ext. P2 sale deed and presented the document for registration. Thereupon the 1st Respondent has returned the document along with Ext.P3 memo stating that the 2nd Respondent has by order dated 4/8/2010 prohibited alienation of the property for the reason that proceedings under Act 28 of 2008 are contemplated against the property. It is challenging Ext.P3, the writ petition is filed.

I heard the learned Government Pleader on behalf of the Respondents. Learned Government Pleader could not show me any provision in Act 28 of 2008 enabling the 2nd Respondent to issue any prohibitory order as mentioned in Ext. P3. If that be so, the prohibitory order dated 4/8/2010 on the basis of which the 1st Respondent has refused to register Ext. P2 document and Ext. P3 memo are illegal and cannot be sustained.

For that reason, I quash Ext. P3 memo and direct the 1st WPC No 83/11:2: Respondent that if the Petitioner produces the original of Ext. P2 document, the same shall be accepted and taken up for registration, provided the document satisfies the other statutory requirements.

Writ petition is disposed of as above.