Joseph Bastian vs Judith Antony
2021 Latest Caselaw 2240 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

   WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942

                      WP(C).No.15984 OF 2020(S)




PETITIONER:

               JOSEPH BASTIAN
               AGED 56 YEARS
               S/O. BASTIAN, KURUSUPARAMBIL HOUSE, 9/392A,
               HOLY CROSS NAGAR, NAZARETH, COCHIN - 682 002.

               BY ADV. SRI.T.O.XAVIER

RESPONDENTS:

      1        JUDITH ANTONY
               9/392A, KURUSUPARAMBIL HOUSE, 9/392A,
               HOLY CROSS NAGAR, NAZARETH, COCHIN - 682 002.

      2        GEETHU ANTONY
               D/O. ANTONY, 9/392A, KURUSUPARAMBIL HOUSE, 9/392A,
               HOLY CROSS NAGAR, NAZARETH, COCHIN - 682 002.

      3        GLINTIA ANTONY
               D/O. ANTONY, 9/392A, KURUSUPARAMBIL HOUSE, 9/392A,
               HOLY CROSS NAGAR, NAZARETH, COCHIN - 682 002.

      4        GRINSHA ANTONY
               D/O. ANTONY, 9/392A, KURUSUPARAMBIL HOUSE, 9/392A,
               HOLY CROSS NAGAR, NAZARETH, COCHIN - 682 002.

      5        THE TAHSILDAR (LR)
               TALUK OFFICE, KOCHI - 682 011.

      6        THE REVENUE DIVISIONAL OFFICER
               REVENUE DIVISIONAL OFFICE, FORT KOCHI - 682 001.

      7        THE DISTRICT COLLECTOR
               COLLECTORATE, CIVIL LANES, KAKKANAD,
               ERNAKULAM - 682 030.
 WP(C).No.15984 OF 2020(S)

        8        THE VILLAGE OFFICER
                 RAMESWARAM VILLAGE, PALLURUTHY, COCHIN - 682 006.

        9        THE DISTRICT SOCIAL JUSTICE DEPARTMENT
                 THE DISTRICT SOCIAL DEPARTMENT OFFICE, CIVIL
                 STATION, B BLOCK, ERNAKULAM, REPRESENTED BY THE
                 DISTRICT SOCIAL JUSTICE OFFICER - 682 030.

        10       THE SUB REGISTRAR OFFICER
                 OFFICE OF THE SUB REGISTRAR, MATTANCHERRY - 682
                 308.

                 R1-4 BY ADV. SRI.T.MADHU
                 R1-4 BY ADV. SMT.C.R.SARADAMANI
                 R5-10 BY GOVERNMENT PLEADER SRI.C.K.PRASAD

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
20.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                    SATHISH NINAN, J.
          ==================
              W. P. (C) No.15984 of 2020
          ==================
         Dated this the 20th day of January, 2021

                            JUDGMENT

Late Bastian and Thankamma Bastian had three

sons Antony, Joseph Bastian, and Soly. After the demise of Bastian, Thankamma Bastian executed

Settlement Deed No.2019/1996 settling three cents

of property jointly to the three sons. Thus Antony,

Joseph Bastian and Soly got 1/3rd co-ownership right

over the three cents.

2. As per release deed no.1196/1998 Joseph

Bastian conveyed his 1/3rd share over the property

in favour of his brother Antony. In the year 2001,

Thankamma Bastian acting as the guardian of the

mentally retarded son Soly, executed a release deed

regarding the 1/3rd share held by Soly in favour of

Antony. Thus the entire property became vested with

Antony.

3. The petitioner is one of the sons of Bastian

viz. Joseph Bastian. His grievance is that, on the

death of his brother Antony, his wife Judith W. P. (C) No.15984 of 2020

Antony, the first respondent herein is attempting

to obtain mutation of the property; he conveyed his

one third right to Antony on the specific condition

that their brother Soly would be taken care of by

him. He came to know about the conveyance of one

third share of Soly in favour of Antony, only

recently. Soly being a mentally retarded person,

his rights could not have been conveyed without

following the procedures prescribed under law, and

hence the conveyance is bad. The petitioner seeks

for a direction to the 7th respondent for

cancellation of Document no.5302/2001.

The remedy of the petitioner lies before a

civil court wherein he could challenge the

conveyances on the grounds available under law. No

orders are called for in this writ petition. The

writ petition is accordingly dismissed.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C).No.15984 OF 2020(S)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SETTLEMENT DEED BEARING NO.2019/1996 DATED 8.4.1996.

EXHIBIT P2 TRUE COPY OF THE DEED NO.1196/1998 DATED 6.4.1998.

EXHIBIT P2 (a) TRUE COPY OF THE SALE DEED NO.5302/2011 DATED 24.12.2001.

EXHIBIT P3 TRUE COPY OF THE DISABILITY CERTIFICATE DATED 11.1.2018 ISSUED BY THE DISTRICT MEDICAL BOARD, ERNAKULAM.

EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 23.11.2018 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 1.2.2020 SUBMITTED BY THE PETITIONER BEFORE THE 8TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 7.5.2020 SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE PETITION DATED 7.5.2020 SUBMITTED BY THE PETITIONER BEFORE THE 7TH RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE COMMUNICATION DATED 10.6.2020 ISSUED BY THE 8TH RESPONDENT TO THE SUB REGISTRAR OFFICER, MATTANCHERRY.

RESPONDENT'S/S EXHIBITS:

EXHIBIT R1(A) THE TRUE COPY OF THE PLAINT IN OS NO 33/2020 ON THE FILES OF THE LEARNED SUBORDINATE JUDGE'S COURT, KOCHI

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