Petitioner has purchased an extent of 4.86 ares of paddy land situated in Survey No.133/5 of Chingoli village in Alappuzha District. Though Ext.P1 sale deed was presented for registration, the same was refused by the 3rd respondent stating that the District Collector has passed an order for restoring the said property to the original position.
2. Learned Government Pleader, on instructions, would submit that already an order has been passed by the District Collector on 30/03/2013 by way of Ext.P3 calling upon the owner of the property to restore the paddy land to its original position. Since the District Collector has ample powers under Section 18 of the Kerala Conservation of Paddy and Wet Land Act, 2008 to enforce the orders passed by him, the District Collector had informed the Sub Registrar W.P.C.No.4548/2014 2 also that the assignment should not be permitted pending completion of the proceedings and compliance of the order.
3. Having regard to the aforesaid submission, the question to be considered is whether the Sub Registrar can refuse registration of the sale deed on the grounds specified by him.
4. If there is a direction by way of Ext.P3, definitely the owner of the property as well as the subsequent purchaser will be bound by such directions on the said order attaining finality. Even if any fine can be imposed on the holder of the property, it will be a charge on the property in question. If at all there is a transfer of rights pending the execution of Ext.P3 order, I am of the view that the purchaser will be bound by any such order by the District Collector as well. Under such circumstances, there is no legal impediment for the Sub Registrar to effect registration of the sale deed which is produced as Ext.P1.
Under these circumstances, this writ petition is W.P.C.No.4548/2014 3 disposed of as under:
Third respondent shall register the original of Ext.P1, if it complies with all other procedures in accordance with the Rules.
(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr