----------------------- The petitioner’s property is situated in Sy.No.373 of Kizhakkancherry II Village, Alathur Taluk, Palakkad District. The petitioner wants to assign his property. The petitioner submits that the registering authority insists for No Objection Certificate from the revenue Department. It appears that Ext.P9 circular is issued from the Land Revenue Commissioner. The communication issued by the Land Revenue Commissioner cannot be considered as a pre- requisite for registration. If any of the forest or revenue land is being assigned, it has to be ascertained that this is a forest land or revenue land. Based on the above, even registration can be refused. However No Objection Certificate cannot be a requisite for transferring any land by any person without ascertaining that it is a revenue or forest land. Therefore, the registering authority cannot insist for production of NOC from the revenue Department for effecting registration.
W.P.(C).No.33430 of 2014
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Therefore there shall be a direction to the registering authority to effect registration unless the Registrar forms an opinion that the land belongs to the Government or Forest Department based on available records.
The writ petition is disposed of.
Sd/ A.MUHAMED MUSTAQUE, JUDGE jm/