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. 10377 OF 2022
PETITIONER:
SHYAMPRASAD
AGED 54 YEARS
S/O. LATE DHARMAPALAN,
KUTTIYIL HOUSE,
THIRUVATHRA POST, CHAVAKKAD,
THRISSUR DISTRICT -680 503
BY ADVS.
RAJIT
ARJUN S.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE LAND REVENUE COMMISSIONER,
PUBLIC OFFICE BUILDING, MUSEUM ROAD, VIKHAS BHAVAN P.O,
THIRUVANANTHAPURAM -695 033
2 THE DISTRICT COLLECTOR
THRISSUR, CIVIL STATION, CIVIL LINES RD, KALYAN NAGAR,
AYYANTHOLE, THRISSUR 680003
3 REVENUE DIVISIONAL OFFICER, THRISSUR
CIVIL STATION, CIVIL LINES RD, KALYAN NAGAR,,
AYYANTHOLE, THRISSUR 680 003
4 THE TAHSILDAR,
CHAVAKKAD TALUK, VANJIKADAVU RD, CHAVAKKAD,
THRISSUR -680 506
5 THE VILLAGE OFFICER
MANATHALA, CHAVAKKAD, THRISSUR -680 506
6 THE INSPECTOR GENERAL
DEPARTMENT OF REGISTRATION, VANCHIYUR P.O,
THIRUVANANTHAPURAM -695 035
WP(C) NO. 10377 OF 2022
2
7 THE SUB REGISTRAR
CHAVAKKAD SRO, CHAVAKKAD, THRISSUR 680 512
SRI. ARAVIND V. MATHEW, 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. 10377 OF 2022
3
JUDGMENT
The petitioner is a legatee under a Will executed by his father and registered as Will No.25/III/2019 of Chavakkad SRO. The property which has been bequeathed had devolved on the petitioner's father as per a Will executed by the petitioner's grandfather Sri.Kumaran as per registered Will No.57/1987 of Chavakkad SRO, which is dated 23.10.1987. Ext.P2 is the Will executed by the petitioner's grandfather in favour of petitioner's father. The grievance of the petitioner is that the property is not being mutated in his name pointing out that, in Ext.P1 Will, the devolution of the property has been shown to be on the basis of the Will No.17/1987 instead of Will No.57/1987, which according to the petitioner is a mistake since there is no other Will which had been executed by his grandfather as Will No.17/1987. The petitioner has also produced as Ext.P7, the copy of Will No.17/1987 registered with Chavakkad SRO on 22.04.1987, to show that it is only a mistake.
2. In such circumstances, the petitioner had WP(C) NO. 10377 OF 2022 4 approached the Registrar for rectification of this mistake, which has occurred in the Will executed by his father as Ext.P1. The request has been rejected as per Ext.P6 stating that, the option was available to the testator to get the Will corrected by either executing another Will or by requesting for its correction. But since no such request had been made by the testator, the Registrar has no power to correct the same on the request of the petitioner. The petitioner also points out that a mistake has occurred in the description of the property regarding survey number. It is evident from the records which have been produced by him, that what is bequeathed as per Ext.P1 Will is only the property which the father of the petitioner had received as per Ext.P2 Will from his father. No other property is sought to be bequeathed. As such, all that is required is to refer to Ext.P2 Will, while effecting mutation in favour of the petitioner. Ext.P1 Will can be treated as the wish of the testator to bequeath the properties that had devolved on him through Ext.P2 Will in the name of the petitioner. Viewed in such manner, interest of justice requires that a declaration is made that the description in the prior document as Will No.17/1987 instead of Will No.57/1987 of Chavakkad WP(C) NO. 10377 OF 2022 5 SRO and the mention of Re-survey No.221/10 instead of Re- survey No.121/10 and Resurvey No.115/3 instead of Resurvey No.115/2 & 115/3 of Manathala Village are typographical errors which have occurred in Ext.P1 Will. It is so declared.
There will be a further direction to the 5 th respondent to effect mutation with regard to the properties in Re-survey No.121/10 and Resurvey No.115/3 of Manathala Village of Chavakkad Taluk, which originally belonged to the petitioner's grandfather and was bequeathed as per Ext.P2 Will in favour of the petitioner's father, in the name of the petitioner on the basis of Ext.P1 Will ignoring the typographical errors which have crept into Ext.P1 Will and which have been declared to be typographical errors in this judgment. Necessary orders shall be issued within one month from the date of receipt of a copy of this judgment.
Sd/-
T.R.RAVI JUDGE mpm WP(C) NO. 10377 OF 2022 6 APPENDIX OF WP(C) 10377/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE WILL EXECUTED BY THE LATE DHARMAPALAN AND REGISTERED AS WILL NO. 25/III/2019 OF CHAVAKKAD SRO DTD 20-03-2019 Exhibit P2 A TRUE COPY OF THE WILL EXECUTED BY THE LATE KUMARAN AND REGISTERED AS WILL NO. 57/1987 OF CHAVAKKAD SRO DTD 23-10-1987 Exhibit P3 A TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY THE THRISSUR CORPORATION DTD 04-08-2021 Exhibit P4 A TRUE COPY OF THE COMMUNICATION OF THE 5TH RESPONDENT DTD 21-02-2022 REJECTING THE APPLICATION OF THE PETITIONER FOR MUTATION Exhibit P5 A TRUE COPY OF THE APPLICATION PREFERRED BY THE PETITIONER BEFORE THE 7TH RESPONDENT DTD 17-02-2022 Exhibit P6 A TRUE COPY OF THE COMMUNICATION OF THE 7TH RESPONDENT HAVING REFERENCE NUMBER C.NO 33/2022 REJECTING THE APPLICATION OF THE PETITIONER DATED 18-02-2022 Exhibit P7 A TRUE COPY OF THE WILL EXECUTED BY ONE LAKSHMIKUTTY REGISTERED BEFORE THE 7TH RESPONDENT AS WILL NO. 17/1987 OF CHAVAKKAD SRO DTD 22-04-1987