The petitioner submits that she is the owner of 5.5. cents of property in Sy.No. 212 of KDH Village of Idukki District. She wants to alienate the property. She submits that the Registering Authority have insisted for production of NOC from the Revenue Authorities for transferring registry. 2. The learned Government Pleader points out at the amendments under Section 71(3) of the Registration Act and submits that NOC is required. The Registering Authority is not exercising the mechanical functions. The Authority has to apply its mind while registering the documents. If the petitioner's case is that the property exclusively belongs to her, she cannot be asked to produce NOC from the Revenue Authorities. It is only when the petitioner admits that the property is the Government land, then for the purpose of transferring, NOC can be insisted. However, the petitioner W.P.(c).No.33856 of 2014 : 2 :
does not admit that property belongs to the Government, therefore she cannot be directed to produce NOC from the Revenue Authorities. Then, the Registering Authority is bound to register the document. However, if the Registering Authority, for any other valid reason, forms an opinion that petitioner's property is Government land, then the Authority can refuse the registration of the document without obtaining NOC. In view of the above, the Registering Authority shall register the property of the petitioner unless the Authority forms an opinion that it belongs to the Government or others .
The writ petition is disposed of as above. No costs.
Sd/-
A.MUHAMED MUSTAQUE, Judge.
dpk /True copy/ PS to Judge.
W.P.(c).No.33856 of 2014 : 3 :