IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
WP(C) NO. 8734 OF 2022
PETITIONER:
CHANDRASEKHARAN C,
AGED 78 YEARS
S/O. LATE. SOOLAPANI, THUMBAYA WARIATH, CHALAVARA,
OTTAPALAM TALUK, PALKKAD DISTRICT,
NOW RESIDING AT # 10 A/1, PLOT NO. 99, 2ND CROSS,
APPAVU NAGAR, THALLY ROAD, HOSUR TALUK, KRISHNAGIRI
DISTRICT, TAMIL NADU 635 109, REPRESENTED BY POWER OF
ATTORNEY HOLDER, R. SREEDHARAN, AGED 76 YEARS,
S/O. LATE K.T. RAMAN, PALAKKAVIL HOUSE,
CHERAMBATTAKKAVU, ANANGANADI, OTTAPALAM TALUK,
PALAKKAD DISTRICT 679 501.
BY ADVS.
P.JAYARAM
GIGI PAPPACHAN
K.R.PAUL
LEKSHMI NARAYANAN
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
PALAKKAD -678 001.
2 THE TAHSILDAR (LAND RECORDS),
OTTAPALAM -691 101.
3 THE VILLAGE OFFICER,
CHALAVARA VILLAGE OFFICE, P.O. CHALAVARA -679 505.
4 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001
SRI. BIMAL K. NATH, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 8734 OF 2022
2
JUDGMENT
The writ petition has been filed by a senior citizen through a power of attorney holder. The petitioner's case is that he is the legatee under a registered Will executed by late Madhavikutty Warasiar, who is a relative on his father's side. As per the Will, 39 cents of land situated in Survey No.241/2, 241/5 in Chalavara Village, Ottapalam Taluk, has been bequeathed. The properties were originally purchased by one Lakshmi Warasiar as per kanam assignment deed No.1828 of 1948, registered with S.R.O., Cherpulasseri. The testatrix is stated to be the only daughter of Lakshmi Warasiar, who inherited the property exclusively. Testatrix died on 25.04.1998. The Will was executed on 22.08.1997. The grievance of the petitioner is that the Revenue Authorities are refusing to carry out mutation of the properties in his name, stating that he has to give details of the other legal heirs of the testatrix and that they also have to be heard before effecting mutation. The petitioner had approached this Court WP(C) NO. 8734 OF 2022 3 by filing W.P.(C) No.21669/2021, which was disposed of by Ext.P12 judgment directing the respondents to consider the application filed by the petitioner for Transfer of Registry of the property covered by Ext.P2, after affording him or his power of attorney an opportunity of being heard and after causing every necessary enquiry and investigation as may be relevant as expeditiously as possible. Subsequent to the judgment, the Village Officer addressed the petitioner on 25.11.2021 directing him to appear within ten days along with the original of the Will. Thereafter, on 06.12.2021, the Village officer issued Ext.P14 communication to the power of attorney holder stating that under Rule 27(2), the legal heirs have to be heard and hence petitioner may produce the details of the legal representatives. This was followed by Exhibit P15 letter dated 16.12.2021 whereby it is stated that the legal representatives have to be heard in person and since the property which is sought to be bequeathed was not in the name of the testatrix, it was not possible to continue with the proceedings under the Transfer of Registry Rules. The WP(C) NO. 8734 OF 2022 4 petitioner has approached this Court in the above circumstances.
2. Rule 27 of the Transfer of Registry Rules, 1966 relates to transfer of title by succession. It deals with cases of change of registry necessitated by the death or prolonged absence for more than seven years of the registered holder. Rule 27(ii) deals with Succession in case of disappearance of a registered holder. This is not a case of disappearance of registered holder, Rule 27(i) specifically states that in dealing with claims to succession by heirship, if the succession is not disputed, the Tahsildar may direct transfer of registry either at once or after due enquiry and that if it is disputed, a summary enquiry may be made as to who has the right to succeed to the property of the deceased registered holder according to the principles of law of succession which governs the case. In the case on hand, the claim is based on an unregistered Will executed by one Madhavikutty Warasiar. There is no dispute that the property originally belonged to WP(C) NO. 8734 OF 2022 5 Lakshmi Warasiar. The only aspect pointed out by the competent authority is that the legal heirs of the testatrix are not available for hearing. Such a contingency will arise only if a dispute regarding the Will is raised by any person. As long as there is no such dispute, there is no necessity for the Village Officer/Tahsildar to go into a roving enquiry into issue relating to succession of the petitioner to the property on the basis of the Will. The Transfer of Registry is only for the fiscal purposes and does not convey any title to the person in whose name the mutation is made. This aspect is well settled.
In such circumstances, this writ petition is allowed. The respondents 2 and 3 are directed to carry out the mutation regarding the land covered by Ext.P1 on the strength of Ext.P2 Will in the name of the petitioner and receive the land tax from the petitioner. It is made clear that this order will not in any way be understood as a declaration by this Court on the title of the petitioner on the basis of the Will and if any challenge is raised to the Will at any point of time in an WP(C) NO. 8734 OF 2022 6 appropriate civil court, this judgment will not be treated as an order in favour of the petitioner regarding his title.
Sd/-
T.R.RAVI JUDGE mpm WP(C) NO. 8734 OF 2022 7 APPENDIX OF WP(C) 8734/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE KANAM ASSIGNMENT DEED NO.
1828 OF 1948, S.R.O CHERPULASSERI,
ASSIGNING THE PROPERTY TO LAKSHMI
WARASIAR.
Exhibit P2 TRUE COPY OF THE WILL DATED 22.08.1997
EXECUTED BY LATE MADHAVIKUTTY WARASIAR BEQUEATHING HER PROPERTIES IN FAVOUR OF THE PETITIONER.
Exhibit P3 TRUE COPY OF THE LETTER DATED 12.11.2020 ISSUED BY VILLAGE OFFICER, CHALAVARA TO TAHSILDAR, OTTAPALAM FORWARDING THE APPLICATION OF PETITIONER'S POWER OF ATTORNEY HOLDER FOR MUTATION OF PETITIONER'S PROPERTY.
Exhibit P4 TRUE COPY OF THE LETTER DATED 16.02.2021
ISSUED BY TAHSILDAR (LAND RECORDS),
OTTAPALAM TO THE VILLAGE OFFICER,
CHALAVARA FOR TAKING APPROPRIATE ACTIONS ON THE APPLICATION OF PETITIONER'S POWER OF ATTORNEY HOLDER FOR MUTATION OF PETITIONER'S PROPERTY.
Exhibit P5 TRUE COPY OF THE LETTER DATED 02.03.2021 ISSUED BY VILLAGE OFFICER, CHALAVARA TO THE TAHSILDAR (LAND RECORDS), OTTAPALAM INFORMING THAT THE ATTESTING WITNESSES TO THE WILL WERE DEAD AND LEGAL HEIRS OF MADHAVIKUTTY WARASIAR ARE NOT AVAILABLE IN THE LOCALITY.
Exhibit P6 TRUE COPY OF THE LETTER DATED 30.03.2021 ISSUED BY VILLAGE OFFICER, CHALAVARA TO THE POWER OF ATTORNEY HOLDER OF THE PETITIONER FOR PRODUCTION OF DETAILS OF THE LEGAL HEIRS OF LATE MADHAVIKUTTY WARASIAR AND THE ATTESTING WITNESSES TO WP(C) NO. 8734 OF 2022 8 THE WILL.
Exhibit P7 TRUE COPY OF THE LETTER DATED 13.08.2021 ISSUED BY TAHSILDAR (LAND RECORDS), OTTAPALAM TO THE VILLAGE OFFICER, CHALAVARA TO DROP FURTHER ACTIONS ON PETITIONER'S APPLICATION IF THE PETITIONER FAILS TO PRODUCE RELEVANT DOCUMENTS AND OTHER RECORDS.
Exhibit P8 TRUE COPY OF THE LETTER DATED 07.09.2021 ISSUED BY THE VILLAGE OFFICER, CHALAVAR TO THE POWER OF ATTORNEY HOLDER OF THE PETITIONER FOR PRODUCTION LEGAL HEIRSHIP CERTIFICATE OF MADHAVI WARASIAR AND ALSO THE IDENTITY PROOF OF THE ATTESTING WITNESSES TO THE WILL.
Exhibit P9 TRUE COPY OF THE LAND TAX RECEIPT DATED 08.10.2020 ISSUED FROM THE VILLAGE OFFICE, CHALAVARA TO THE PETITIONER WITH RESPECT TO HIS PROPERTY ON THE STRENGTH OF TEMPORARY THANDAPER NUMBER 2798/T3. Exhibit P10 TRUE COPY OF THE LAND TAX RECEIPT DATED 09.11.2020 ISSUED FROM THE VILLAGE OFFICE, CHALAVARA IN THE NAME OF LAKSHMI WARASIAR AGAIN WITH RESPECT TO PETITIONER'S PROPERTY.
Exhibit P11 TRUE COPY OF THE DEATH CERTIFICATE DATED 28.04.1998 ISSUED FROM CHALAVARA GRAMA PANCHAYATH CERTIFYING THE DEATH MADHAVIKUTTY WARASIAR, THE TESTATRIX. Exhibit P12 TRUE COPY OF THE JUDGMENT DATED 25.10.2021 IN W.P.C NO. 21669/2021, HIGH COURT OF KERALA.
Exhibit P13 TRUE COPY OF THE LETTER DATED 25.11.2021 FROM THE VILLAGE OFFICER, CHALAVARA TO THE PETITIONER DIRECTING THE PRODUCTION OF THE ORIGINAL OF THE WILL.
WP(C) NO. 8734 OF 2022 9 Exhibit P14 TRUE COPY OF THE LETTER DATED 06.12.2021 FROM THE VILLAGE OFFICER, CHALAVAR TO THE POWER OF ATTORNEY HOLDER OF THE PETITIONER DIRECTING TO FURNISH THE PARTICULARS OF THE LEGAL HEIRS OF THE TESTATRIX, MADHAVIKUTTY WARASIAR.
Exhibit P15 TRUE COPY OF THE NOTICE/ ORDER DATED 16.12.2021 ISSUED BY THE VILLAGE OFFICER, CHALAVARA REFUSING TO UNDERTAKE PROCEEDINGS OF MUTATION OF PETITIONER'S PROPERTY.