Pellis Jain vs The Revenue Divisional Officer, ...
2021 Latest Caselaw 16331 Ker

WP(C) NO. 15526 OF 2021           1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
                    WP(C) NO. 15526 OF 2021
PETITIONER/S:

            Mrs.PELLIS JAIN,
            AGED 61 YEARS,
            D/O. SOLOMEN, RESIDING AT "7B", BETRONS TOWER,
            BLOSSOM COCHIN ROAD, ELAMKULAM, KOCHI-682 020.

            BY ADVS.
            R.LAKSHMI NARAYAN
            R.RANJANIE
            NEVIL ZACHARIA MATHEW



RESPONDENT/S:

    1       THE REVENUE DIVISIONAL OFFICER,
            FORT KOCHI, FIRST FLOOR, KB JACOB ROAD, FORT
            KOCHI-682 001.

    2       THE VILLAGE OFFICER,
            KUMBALANGHI VILLAGE, KALLANCHERRY ROAD,
            KUMBALANGHI, KOCHI-682 007.




            SRI SYED M THANGAL, GP




     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   04.08.2021,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 15526 OF 2021               2




                         JUDGMENT

The petitioner states that the property having an extent of 6.07

Ares in Sy. No.1576/5 of Kumbalanghi village devolved on the

petitioner on the strength of a will dated 10.11.2009. The executant

passed away on 07.05.2020. With a view to effect the transfer of

registry and to pay basic tax, the petitioner is stated to have

approached the 2nd respondent and filed Ext.P3 application appending

the prior deed, encumbrance certificate, land tax receipt etc. Her

grievance is that her request is not being expeditiously considered.

The prayer in this writ petition is for a direction to the 2nd respondent

to take up Ext.P3 and pass appropriate orders within a time frame.

2. I have heard Sri. R. Lakshmi Narayan, the learned counsel

appearing for the petitioner and Sri. Sayed M. Thangal, the learned

Government Pleader.

3. Having regard to the facts and circumstances and the

submissions made across the Bar, this writ petition is disposed of

directing the 2nd respondent to take up Ext.P3 application and finalize the

same, with notice to the petitioner as well as the affected parties, if any,

expeditiously, in any event, within a period of two months from the date

of production of a copy of this judgment.

5. The petitioner shall produce a copy of the writ petition along

with this judgment before the 2nd respondent to ensure compliance.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE NS

APPENDIX OF WP(C) 15526/2021

PETITIONER(S) EXHIBITS

Exhibit P1 THE PHOTOCOPY OF REGISTERED WILL DATED 10.11.2014, EXECUTED BY SMT. TREESA ANTONY, IN FAVOUR OF THE PETITIONER.

Exhibit P2 THE PHOTOCOPY OF DEATH CERTIFICATE DATED 23.9.2020, OF AUTHOR OF EXT.P-1 WILL, ISSUED BY THE CORPORATION OF KOCHI.

Exhibit P3 THE PHOTOCOPY OF APPLICATION DATED 6.11.2020, SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT WITHOUT ENDORSEMENT.

Exhibit P4 THE PHOTOCOPY OF REPRESENTATION DATED 24.3.2021 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT.

Exhibit P5 THE PHOTOCOPY OF LAND TAX RECEIPT DATED 6.9.2019 ISSUED BY THE VILLAGE OFICER, KUMBALANGI.

Exhibit P6 THE PHOTOCOPY OF POSSESSION CERTIFICATE DATED 15.10.2019, ALONG WITH THE LOCATION SKETCH, OF PROPERTY COVERED UNDER EXT.P1.

Exhibit P7 THE PHOTOCOPY OF ELECTION ID CARD OF DECEASED TREESA ANTONY, BEARING NO.KL/11/074/369398.

RESPONDENT(S) EXHIBITS : NIL