Kerala High Court
Shan Raj.S vs The District Collector on 25 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942
W.P.(C) No.25389 OF 2020(W)
PETITIONER/S:
SHAN RAJ.S
AGED 40 YEARS
S/O.SIVA RAJAN,
KOIKKAL,
UPPOODU,
EAST KALLADA,
KOLLAM - 691502.
BY ADVS.
SRI.PRATHEESH.P
SMT.ANJANA KANNATH
RESPONDENT/S:
1 THE DISTRICT COLLECTOR,
CIVIL STATION,
KOLLAM - 691013.
2 THE TAHSILDAR(LR)
PUNALUR TALUK,
TALUK OFFICE,
PUNALUR, KOLLAM - 691305.
3 THE VILLAGE OFFICER,
YEROOR VILLAGE,
ANCHAL,
KOLLAM - 691306.
R1-3 BY GOVERNMENT PLEADER
OTHER PRESENT:
SR.GP - SMT. AMMINIKUTTY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.25389 OF 2020(W)
2
JUDGMENT
The petitioner, who is stated to be the owner in possession of
property having an extent of 4.86 ares and 8.90 ares in Survey
No.349/1/218 and 4.85 ares in Survey No.349/1/6/218 in Yeroor
Village, has filed this writ petition under Article 226 of the
Constitution of India, seeking a writ of mandamus commanding
the 3rd respondent to effect mutation of the property covered in
Ext.P1 Will deed and accept land tax from the petitioner regarding
the said property and issue requisite receipts.
2. On 19.11.2020, when this writ petition came up for
admission, the learned Government Pleader was directed to get
instructions.
3. On 11.01.2021, when this writ petition came up for
consideration, the learned Government Pleader sought time to file
counter affidavit on behalf of the 2nd respondent.
4. The counter affidavit of the 2 nd respondent is placed on
record on 08.01.2021, opposing the reliefs sought for in this writ
petition.
5. The learned counsel for the petitioner has filed a not
press memo, since the mother of the petitioner, during her life
time, had already cancelled Ext.P1 Will.
W.P.(C) No.25389 OF 2020(W)
In such circumstances, based on the memo filed by the
learned counsel for the petitioner, this writ petition is dismissed as
withdrawn.
Sd/-
ANIL K. NARENDRAN
JUDGE
MIN
W.P.(C) No.25389 OF 2020(W)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE COPY OF THE WILL EXECUTED BY THE
MOTHER OF THE PETITIONER DATED 8.8.2016.
EXHIBIT P2 THE COPY OF THE DEATH CERTIFICATE ISSUED
BY THE CHIEF REGISTRAR OF BIRTH AND
DEATHS, BANGALORE DATED 24.09.2020.
EXHIBIT P3 THE COPY OF THE APPLICATION FILED BY THE
PETITIONER TO MUTATE THE PROPERTY IN THE
NAME OF THE PETITIONER DATED 20.10.2020.
EXHIBIT P4 THE COPY OF THE ENCUMBRANCE DETAILS OF
SY.NO.349/1/218 FOR 4.86 ARES OF
PROPERTY FROM 1.1.2014 TO 23.10.2014
DATED 25.10.2019.
EXHIBIT P5 THE COPY OF THE ENCUMBRANCE CERTIFICATE
ISSUED BY THE 3RD RESPONDENT DATED
25.10.2019
RESPONDENT'S/S EXHIBITS:
EXHIBIT R2(A) TRUE COPY OF THE APPLICATION DATED
20.10.2020 AND THE COPY OF THE T.P.
ACCOUNT MENTIONED IN THE APPLICATION
