Philomina @ Salomi vs State Of Kerala

Kerala High Court

Philomina @ Salomi vs State Of Kerala on 23 May, 2024

Author: P Gopinath

Bench: P Gopinath

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
   THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                     WP(C) NO. 25223 OF 2017
PETITIONER:

          PHILOMINA @ SALOMI
          AGED 52 YEARS, W/O. JOY JOSEPH,
          THEKKEVALAYARA PUTHENVEEDU, THEKKATTUSSERY,
          CHERTHALA, ALAPPUZHA -688 524.

          BY ADVS.
               S.V.BALAKRISHNA IYER (SR.)
               SRI.P.M.NEELAKANDAN
               SRI.P.B.SUBRAMANYAN
               SRI.SABU GEORGE
               SMT.B.ANUSREE
               SRI.MANU VYASAN PETER
               SRI.P.B.KRISHNAN



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY, MINISTRY OF REVENUE
          GOVERNMENT SECRETARY,T HIRUVANANTHAPRUAM-695 001.

    2     THE DISTRICT COLLECTOR, ALAPPUZHA -688 001.

    3     THE ADDITIONAL TAHSILDAR (LR), CHERTHALA-688 524.

    4     THE VILLAGE OFFICER
          THURAVOOR SOUTH VILLAGE, THURAVOOR-688 532.

    5     THE VILLAGE OFFICER, THYCATTUSSERY VILLAGE,
          CHERTHALA -688 524.

    6     THE SUB REGISTRAR
          SUB REGISTRY OFFICE, PANAVALLY -688 566.

    7     THE SUB REGISTRAR
          SUB REGISTRY OFFICE, PATTANAKKADU- 688 538.
 W.P.(C)No.25223/2017                      2




     8          ANSAMMA MATHEW
                W/O. LATE GEORGE KUTTY, THEKKEVALAYARA,
                PUTHENVEEDU, THYKKATTUSSERY, CHERTHALA,
                ALAPPUZHA- 688 524.

     9          GEO T. GEORGE
                S/O. LATE GEORGE KUTTY, THEKKEVALAYARA,
                PUTHENVEEDU, THYKKATTUSSERY, CHERTHALA,
                ALAPPUZHA -688 524.

    10          ANNS T. GEORGE
                D/O. LATE GEORGE KUTTY, THEKKEVALAYARA,
                PUTHENVEEDU, THYKKATTUSSERY, CHERTHALA,
                ALAPPUZHA -688 524.

    11          RIA T. GEORGE
                D/O. LATE GEORGE KUTTY, THEKKEVALAYARA,
                PUTHENVEEDU, THYKKATTUSSERY, CHERTHALA,
                ALAPPUZHA -688 524.

    12          LEO T. GEORGE
                S/O.LATE GEORGE KUTTTY, THEKKEVALAYARA,
                PUTHENVEEDU, THYKKATTUSSERY, CHERTHALA,
                ALAPPUZHA- 688 524.

                BY ADVS.
                     SRI.ROY CHACKO
                     SRI. VENUGOPAL V (GP)




         THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION        ON   23.05.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.25223/2017                3



                         JUDGMENT

The petitioner has approached this Court challenging Ext.P5 order of the Tahsildar (LR), Cherthala, by which the transfer of registry in respect of certain property, which is subject matter of that order, was sanctioned in favour of respondents 8 to 12.

2. When this matter is taken up for consideration today, it is brought to my notice that RSA No.206/2015 at the instance of the petitioner and one another, pertaining to the property which is subject matter of Ext.P5 order, is pending consideration before this Court.

3. The learned counsel appearing for respondents 8 to 12 would submit that the said second appeal has not been admitted and substantial questions of law are yet to be framed.

4. Be that as it may, it appears that there are rival claims in respect of the property that is subject matter of Ext.P5 order and the matter is at large presently before this Court in RSA No.206/2015. It is settled law that transfer of W.P.(C)No.25223/2017 4 registry under the Transfer of Registry Rules, 1966, is only for fiscal purposes and does not decide title. The rights of the parties to the property in question will therefore depend on the orders to be passed by this Court in RSA No.206/2015.

5. In the light of the above, I do not think that it would be appropriate for this Court to examine the validity of Ext.P5 in a writ petition under Article 226 of the Constitution of India. It appears that on 28-07-2017, this Court had passed an interim order directing that respondents 8 to 12 shall not alienate or encumber the property referred to in Ext.P5. This order is more than sufficient to protect the interest of the petitioner in this writ petition.

6. Therefore, this writ petition is closed maintaining the interim order dated 28-07-2017 and making it clear that the rights of the parties will be subject to the orders to be passed by this Court in RSA No.206/2015.

Writ petition is ordered accordingly.

Sd/-

GOPINATH P. JUDGE ats W.P.(C)No.25223/2017 5 APPENDIX OF WP(C) 25223/2017 PETITIONER'S EXHIBITS EXHIBIT P1 A TRUE COPY OF JUDGMENT DATED 18-03-2014 EXHIBIT P2 A TRUE COPY OF JUDGMENT DATED 15-02-2017 EXHIBIT P3 A TRUE COPY OF ORDER DATED 20-04-2017 EXHIBIT P4 A TRUE COPY OF JUDGMENT DATED 14-07-2017 EXHIBIT P5 A TRUE COPY OF ORDER DATED 22-07-2017 EXHIBIT P6 A TRUE COPY OF LAND TAX RECEIPT DATED 09-09-2016 EXHIBIT P7 A TRUE COPY OF LETTER DATED 06-07-2017 EXHIBIT P8 True copy of the Gift Deed No. 1654/97 dated 22.04.1997 of Panavally S.R.O. in favour of the petitioner.

EXHIBIT P9 True copy of the Gift Deed No. 1912/97 dated 07.07.1997 of Pattanakkad S.R.O is in favour of the petitioner.

EXHIBIT P10 True copy of the registered Will No. 12 dated 15-03-1997 of the Cherthala SRO in S favour of the petitioner.

EXHIBIT P11 True copy of the Pattaya Theeru"

No.1710/2002 dated 10-07-2002 of Panavally S.R.O in favour of the petitioner by Kathrikkutty.

EXHIBIT P12 True copy of the page of the Thandapper No. 9697 of Thykkattussery village in the name of the petitioner.

EXHIBIT P13 True copy of the Land Tax Receipt for Rs. 32/- vide No. 65 dated 06-05-1998 (Book No. 82) of Thuravoor South Village remitted by the petitioner EXHIBIT P14 True copy of the Land Tax Receipt for Rs. 36/-(4 years) vide No. 2062894 dated 21-12-2002 (Book No. 20629) in TP No. 9697 of Thykkattussery Village remitted by the petitioner.

EXHIBIT P15 True copy of the 'Plaint' in O.S No. 236/1999.

EXHIBIT P16 True copy of the Injunction Order of the Honourable Munsiff court, Cherthala on the Ι.Α. No. 985/1999 in O.S. 236/1999 dated S 06-04-1999, along with schedule and boundaries.

EXHIBIT P17 True copy of the Order extending the injunction of the Honourable Munsiff court, Cherthala on the I.A. No. 985/1999 in O.S. 236/1999 dated 22-05- 1999.

EXHIBIT P18 True copy of the Death Certificate of Mr. Job.

EXHIBIT P19 True copy of the Application of Georgekutty dated 16-12-2014.

EXHIBIT P20 True copy of the letter of the Village Officer, Thycattussery seeking legal opinion for mutation No. 11/15 dated 30/01/2015.

EXHIBIT P21 True copy of the Notice of the Additional Thahasildar, Cherthala No. H6-2934/15 dated 25-02-2015.

EXHIBIT P22 True copy of the objection dated 11-03- W.P.(C)No.25223/2017 7 2015 filed by the Petitioner before the Additional Thahasildar, Cherthala.

EXHIBIT P23 True copy of the Writ Petition W. P. (C) No. 25521/2016 EXHIBIT P24 True copy of the illegal Will No. 6/2001 in favour of Georgekutty.

EXHIBIT P25 True copy of the declaration affidavit filed by the Advocate for and on behalf of the Respondents herein/petitioners as per I.A No 1329/2017 in W. P (C) No. 25521/2016.

EXHIBIT P26 True copy of the Report of the Village Officer Thykkattussery with a covering letter No. (not clearly seen) dated 13-02-17.

EXHIBIT P26(a) True copy of the letter No. H6-2934/15 dated 16-02-17 with Statement of facts furnished by the Additional Thahasildar to The Advocate General to present in W. P. (C) No. 25521/2016.

EXHIBIT P27 True copy of the notice issued by the Additional Thahasildar No. H6- 2934/15 dated 14-03-17 to the petitioner and the 8th RESPONDENT.

EXHIBIT P28 True copy of the objection dated 23-03- 2017 filed by the petitioner before the Additional Thahasildar ACKNOWLEDGED accepted on 24-03-2017.

EXHIBIT P29 True copy of the Contempt Petition C.C © No. 970/2017.

EXHIBIT P30 The true copy of the Fax message from the Senior Government Pleader Smt. C. S Sheeja to the 3rd respondent herein i.e. W.P.(C)No.25223/2017 8 the 1st respondent in the W.P (C) No. 25521/16 No. C.C. No. 970/2017/X2 dated 15/07/2017.

EXHIBIT P31 True copy of the order in the C. C (C) No. 970/2017.

EXHIBIT P32 True copies of a set of complaints No. PLP 717/2014 given by the mother of Petitioner/1st appellant/deceased 5th respondent in the RSA 206/2015 i.e. the Mother-in-Law of the 8th respondent/1st petitioner in W.P. C 22521/2016 i.e. the Grandmother of the respondents 9 to 12 i.e. / petitioner 2-5 in W.P. C 22521/2016 Appellant and the late Georgekutty (12 pages), obtained from the Legal Services Authority, Cherthala.

EXHIBIT P33 True copy of the order in E.P 42/2003 in LAR 64/86 dated 24-09-2014.

EXHIBIT P34 True copy of the Judgment in RSA No. 206/2015 dated 10-07-2017.

RESPONDENT'S EXHIBITS EXHIBIT R8(a) TRUE COPY OF THE JUDGMENT IN THE CONTEMPT PETITION COC NO.907/2017 EXHIBIT R8(b) TRUE COPY OF THE JUDGMENT DATED 10.07.2017 RSA 206/15 OF HON'BLE THIS COURT EXHIBIT R8(c) TRUE COPY OF THE APPLICATION NO.1546/2017 IN RSA NO.2006/2015.

EXHIBIT R8(d) TRUE COPY OF THE PETITION.