Prisoner Exempted From Appearing At Registration Office, Registrar Bound To Examine Him By Visiting Jail Or Issuing Commission: Kerala HC

Justice Viju Abraham observed that the District Registrar is duty-bound to visit the jail where the convict is confined and examine him or issue a commission for his examination to complete the registration process.

“Going by Section 38 of the Act 1908, a person who is in jail is exempted from appearing at the registration office for registration and in the case of such a person, the registering officer shall either himself go to the house of such person, or to the jail in which he is confined and examine him or issue a commission for his examination. Therefore, the 2nd respondent is duty bound to comply with the said provision on being informed of the same.”

The petitioner is the wife of a convict lodged in Viyyur Central Jail has approached the Court seeking a direction to the Jail Superintendent to allow her husband to execute a relinquishment deed in jail. She further seeks a direction to the Sub Registrar to register the executed document.

The petitioner and her husband have some property and a house registered at Sub Registrar Office, Wadakkanchery in Thrissur district. Her husband wishes to relinquish his shares in the property so that the petitioner could avail benefits of a government housing scheme. The Jail Superintendent refused her request stating that orders from the Court was required for granting permission for document execution.

The petitioner contended that the Jail Superintendent rejected her request for permitting her husband to execute the document. Relying upon Chapter 56 of the Kerala Prisons and Correctional Services (Management) Rules, 2014, it was argued that the jail superintendent has authority to grant visitorial rights and to facilitate arrangements for prisoners to manage their property. It was also argued that Section 38 of the Registration Act 1908 provides exemptions to certain persons from appearing in person at the registration office.

The Sub-Registrar filed a statement before the Court stating that as per Section 38 (1), a person in jail under civil or criminal process is exempted from personal appearance before the registering officer for registration of a document. Relying upon Section 38 (2), it was submitted that Sub Registrar possess the authority to visit the jail where the individual executing the document is confined and examine him or issue a commission for his examination for registration.

On analyzing Section 38 of the Registration Act, the Court found that a person in jail under civil or criminal process was exempted from personal appearance before registration office. It also observed that the district registrar was duty bound to visit jail to examine him or issue a commission for his examination. to complete registration process as per Section 38 (2) of the Act.

The Court found that Viyyur Central Jail is located in Viyyur Village in Thrissur district which falls under the jurisdiction of the amalgamated Sub Registrar Office, Thrissur. It thus directed the amalgamated Sub Registrar, Thrissur who can exercise the authority of the District Registrar to receive and register the document as per Section 30 of the Act.

Accordingly, the writ petition was disposed of with a direction to the Jail Superintendent to make necessary request to the District Registrar to facilitate the registration process. The Court directed the District Registrar to complete the registration process as per Sections 30 and 38 of the Registration Act.

“The 2nd respondent (District Registrar) shall on getting such intimation from the 4th respondent be present before the 4th respondent, Superintendent of Jail for registration of Ext P3 document and shall receive and register the document as provided in the Act 1908, especially Sections 30 and 38” concluded the Court.

Counsel for Petitioner: Advocates Dinesh Mathew J Muricken, K.A.Abhilash, Vinod S. Pillai, Mohammed Thayib N.M., Nayana Varghese, Ria Varghese, Ahammad Sachin K., Jerry Peter

Counsel for Respondents: Government Pleader Ajith Viswanathan

Citation: 2024 LiveLaw Ker 279

Case Title: Sulochana v State of Kerala

Case Number: WP(C) NO. 3752 OF 2024

Click here to read/download Order