IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 8517 OF 2022
PETITIONER:
HARILAL V.
AGED 55 YEARS, S/O.VASUDEVAN,
KUNNUTHARAYIL, THOTTAPPALLY P.O.,
PURAKKAD, ALAPPUZHA - 688 563.
BY ADV ARAVIND GHOSH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY TO THE GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE DISTRICT COLLECTOR ALAPPUZHA
COLLECTORATE, ALAPPUZHA - 688 001.
3 TAHSILDAR (LR) AMABALAPPUZHA
AMBALAPPUZHA TALUK OFFICE, SDV SCHOOL ROAD,
KIDANGAMPARAMBU P.O., ALAPPUZHA - 688 013.
4 THE VILLAGE OFFICER
PURAKKAD VILLAGE OFFICE, PURAKKAD P.O.,
ALAPPUZHA - 688 561.
5 SUMANGALA
AGED 62 YEARS, D/O.VASUDEVAN,
KUNNUTHARAYIL, THOTTAPPALLY P.O.,
PURAKKAD, ALAPPUZHA - 688 563.
SMT. DEEPA. V. GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 8517 OF 2022
2
T.R. RAVI, J.
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W. P.(C).No.8517 of 2022
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Dated this the 6th day of July, 2022
JUDGMENT
Admit. Government Pleader takes notice for respondents 1 to
4. Even though notice was issued to the 5 th respondent before admission and notice had been served, he has not chosen to appear.
2. The writ petition has been filed challenging Ext.P9 order issued by the 4th respondent refusing to effect mutation of the properties covered by Ext.P1 Will stating that the Will does not have legal validity. It is trite law that an officer exercising his power under the Transfer of Registry Rules is not expected to decide on the validity or otherwise of the document of title. It is also trite law that the proceedings under the Transfer of Registry Rules is only fiscal in nature and does not in any way decide the title of the parties. The reasoning in Ext.P9 is hence not legally sustainable. The petitioner is hence entitled to succeed.
In the result, Ext.P9 is quashed. There will be a direction to the 4th respondent to reconsider the application submitted by the petitioner for mutation of property covered by Ext.P1 Will in his WP(C) NO. 8517 OF 2022 3 favour and pass necessary orders within one month from the date of receipt of a copy of this judgment. It is made clear that this Court is not making any declaration regarding the title of the petitioner as against that of the 5th respondent nor will the mutation effected pursuant to the direction issued by this Court in this judgment be treated as a declaration of the title in favour of the petitioner.
Sd/-
T.R. RAVI JUDGE Pn WP(C) NO. 8517 OF 2022 4 APPENDIX OF WP(C) 8517/2022 PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE WILL DEED NO.21/III/08 OF SRO, AMBALAPPUZHA DATED 04/03/2008.
Exhibit P2 THE TRUE COPY OF THE THANDAPER REGISTER NO.2033 IN THE NAME OF THE FATHER OF THE PETITIONER.
Exhibit P3 THE TRUE COPY OF THE DEATH CERTIFICATE OF THE FATHER OF THE PETITIONER ISSUED BY THE REGISTRAR OF BIRTH AND DEATH PURAKKAD GRAMA PANCHAYAT DATED 11/02/2020. Exhibit P4 THE TRUE COPY OF THE DEATH CERTIFICATE OF THE MOTHER OF THE PETITIONER ISSUED BY THE REGISTRAR OF BIRTH AND DEATH PURAKKAD GRAMA PANCHAYAT DATED 06/10/2020. Exhibit P5 THE COPY OF THE APPLICATION FOR MUTATION FILED BEFORE THE VILLAGE OFFICER PURAKKAD BY THE PETITIONER DATED 3/11/2020. Exhibit P6 THE TRUE COPY OF THE COMPLAINT FILED BY THE 5TH RESPONDENT BEFORE THE 4TH RESPONDENT DATED 5/09/2019.
Exhibit P7 THE TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT UNDER SECTION 6 OF THE RIGHT TO SERVICE ACT, 2012 DATED 21/01/2022.
Exhibit P8 THE TRUE COPY OF THE REPORT SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 3RD RESPONDENT DATED 25/02/2022.
Exhibit P9 THE TRUE COPY OF THE ORDER PASSED BY THE THSILDAR (L.R.), AMBALAPPUZHA DATED 28/02/2022.
WP(C) NO. 8517 OF 2022 5 Exhibit P10 TRUE COPY OF THE SETTLEMENT DEED NO.
556/2017 OF SRO, AMBALAPUZHA ON 17/03/2017 Exhibit P11 TRUE COPY OF THE SETTLEMENT DEED NO.2062/2017 OF SRO, AMBALAPUZHA ON 12/10/2017