IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
WP(C) NO. 21301 OF 2021
PETITIONER:
ELSY VIJOY, AGED 41 YEARS, W/O.LATE VIJOY VARGHESE @
VIJOY MON VARGHESE, VADAKKEMURIYIL, SANTHIPURAM P.O.,
KARUKACHAL, KOTTAYAM DISTRICT, PIN-686 545, NOW
RESIDING AT MANALELKIZHAKETHIL, KADPRAMANNAR,
NIRANAM P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT,
PIN-689 621.
BY ADV. SUSANTH SHAJI
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT
OF REVENUE, SECRETARIAT, TRIVANDRUM-695 001.
2 THE DISTRICT COLLECTOR,
KOTTAYAM DISTRICT, DISTRICT COLLECTORATE OFFICE,
COLLECTORATE, KOTTAYAM DISTRICT, PIN-686 002.
3 THE TAHSILDAR, CHANGANASSERY TALUK,
TALUK OFFICE, KACHERY ROAD, OPPOSITE GOVERNMENT MODEL
HSS, CHANGANASSERY, KOTTAYAM DISTRICT, PIN-686 101.
4 THE TAHSILDAR (LR), CHANGANASSERY TALUK,
TALUK OFFICE, KACHERY ROAD, OPPOSITE GOVERNMENT MODEL
HSS, CHANGANASSERY, KOTTAYAM DISTRICT, PIN-686 101.
5 THE VILLAGE OFFICER, KARUKACHAL VILLAGE OFFICE,
KARUKACHAL P.O., KOOTHRAPALLY, KARUKACHAL,
KOTTAYAM DISTRICT, PIN-686 540.
6 THE SUB REGISTRAR, THENGANA, SUB REGISTRAR OFFICE,
CHANGANASSERY, THENGANA, KERALA-686 536.
7 THE SUB REGISTRAR, KARUKACHAL,
SUB REGISTRAR OFFICE, KARUKACHAL P.O., KOOTHRAPALLY,
KARUKACHAL, KOTTAYAM DISTRICT, PIN-686 540.
SMT.K.AMMINIKUTTY - SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 21301 OF 2021
-2-
JUDGMENT
The petitioner says that her deceased husband had registered a Will, namely Ext.P6, in her favour on 03.12.2019. She says that the property covered by the Will was acquired by her late husband through Exts.P1 and P2 sale deed and release deed respectively and that he died on 12.08.2021, which compelled her to make Ext.P10 representation before the 3rd and 5th respondents.
2. The petitioner says that even though respondents 3 and 5 accepted the said representation, no action has been taken as requested by her; and, therefore, prays that the competent Authority be directed to issue appropriate orders on Ext.P10, within a time frame to be fixed by this Court.
3. Smt.K.Amminikutty - learned Senior Government Pleader, submitted that if the WP(C) NO. 21301 OF 2021 -3- petitioner only requires Ext.P10 to be taken up and disposed of by the competent respondent, there does not appear to be any legal impediment in doing so; however, praying that this Court may not make any affirmative declarations in her favour in this judgment and leave it to the said Authority to take an apposite decision thereon, as per law.
4. Since I notice that petitioner has only requested that her representation, namely Ext.P10, be directed to be taken up and disposed of by the competent respondent, I deem it appropriate to allow this writ petition, acceding to the said request.
Resultantly, this writ petition is allowed and the 4th respondent - Tahsildar (LR) is directed to take up Ext.P10 representation of the petitioner and dispose of the same, after affording her an opportunity of being heard and adverting to Ext.P6 Will, as also documents to show that husband of WP(C) NO. 21301 OF 2021 -4- the petitioner is now no more; thus culminating in an appropriate order thereon, as expeditiously as is possible, but not later than one month.
After I dictated this judgment, the learned Government Pleader pointed out that Ext.P10 has been preferred by the petitioner before the 3 rd and 5th respondents - the Tahsildar and the Village Officer respectively. I, therefore, direct the said respondents to transmit the said application to the 4th respondent - Tahsildar (LR), within a period of one week from the date of receipt of a copy of this judgment; and the time frame fixed above will start from the date on which the 4 th respondent receives the same.
Sd/-
DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 21301 OF 2021 -5- APPENDIX OF WP(C) 21301/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE SALE DEED NO.983/2006 OF SRO, KARUKACHAL. EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE RELEASE DEED NO.1580/2009 OF SRO, KARUKACHAL. EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE BASIC TAX RECEIPT IN RESPECT OF THE PROPERTY COVERED BY EXTS.P1 AND P2 DEEDS ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE ENCUMBRANCE CERTIFICATE IN RESPECT OF THE PROPERTY COVERED BY EXT.P1 AND P2 DEEDS ISSUED BY THE 7TH RESPONDENT.
EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE LOCAL REGISTRAR, KUNNAMTHANAM GRAMA PANCHAYAT.
EXHIBIT P6 TRUE PHOTOSTAT COPY OF THE WILL DEED NO.184/2019 OF SRO, THENGANA EXECUTED BY SRI.VIJOY VARGHESE @ VIJOY MON VARGHESE.
EXHIBIT P7 TRUE PHOTOSTAT COPY OF THE DEATH CERTIFICATE OF VIJOY VARGHESE @ VIJOY MON VARGHESE ISSUED BY THE REGISTRAR OF BIRTHS, DEATHS AND MARRIAGE 9COMMON), THIRUVALLA MUNICIPALITY.
EXHIBIT P8 A COPY OF THE AFFIDAVIT DATED 06.09.2021 SWORN BY THE PETITIONER AND ATTESTED BY A NOTARY AFFIRMING THE FACT THAT EXT.P6 WILL DEED IS THE LAST AND FINAL TESTAMENT OF VIJOY VARGHESE @ WP(C) NO. 21301 OF 2021 -6- VIJOY MON VARGHESE.
EXHIBIT P9 A COPY OF THE LIST CERTIFICATE ISSUED BY THE 6TH RESPONDENT.
EXHIBIT P10 TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 22.09.2021 PREFERRED BY THE PETITIONER BEFORE THE 3RD AND 5TH RESPONDENTS.
EXHIBIT P11 TRUE PHOTOSTAT COPY OF THE POSTAL TRACK RECEIPT DOWNLOADED FROM THE INDIA POST WEBSITE FOR THE CONSIGNMENT NO.RL617213496IN.
EXHIBIT P12 TRUE PHOTOSTAT COPY OF THE POSTAL TRACK RECEIPT DOWNLOADED FROM THE INDIA POST WEBSITE FOR THE CONSIGNMENT NO.RL617213522IN.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY// P.A. TO JUDGE