T.C.Mathew vs State Of Kerala
2021 Latest Caselaw 14475 Ker

WP(C) NO. 5977 OF 2021       1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
                     WP(C) NO. 5977 OF 2021
PETITIONERS:

    1     T.C.MATHEW
          AGED 66 YEARS
          S/O. LATE T.M.CHERU, THOLATH HOUSE, NEAR MISSION
          SCHOOL, THEKKUMBHAGAM, TRIPUNITHURA, KANAYANNUR
          TALUK, ERNAKULAM DISTRICT.

    2     JOJO CHERU
          AGED 56 YEARS
          S/O. LATE T.M. CHERU, THOLATH HOUSE, NEAR MISSION
          SCHOOL, THEKKUMBHAGAM, TRIPUNITHURA.

    3     JOHNSON CHERU
          AGED 49 YEARS
          S/O. LATE T.M.CHERU, THOLATH HOUSE, NADAMA VILLAGE,
          TRIPUNITHURA, KANAYANNUR TALUK, ERNAKULAM DISTRICT.

          BY ADV VARGHESE C.KURIAKOSE



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE,
          SECRETARIAT, TRIVANDRUM-695 001.

    2     THE TAHASILDAR
          KANAYANNUR TALUK, TALUK OFFICE, PARK AVE, NEAR
          SUBHASH PARK, ERNAKULAM DISTRICT, KOCHI-682 011.

    3     THE VILLAGE OFFICER
          VILLAGE OFFICE, NADAMA VILLAGE, POST OFFICE ROAD,
          THRIPPUNITHURA, ERNAKULAM, KERALA-682 301.




          SMT K AMMINIKUTTY, SR GOVERNMENT PLEADER
 WP(C) NO. 5977 OF 2021       2

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5977 OF 2021                3

                                   JUDGMENT

The petitioners herein are direct brothers. They are the sons of late

T.M.Cheru and Smt. Kunjamma Cheru. T.M. Cheru had passed away on

27.8.1997 and his wife Kunjamma had passed away on 26.6.2005.

2. A property having an extent of 6.5 cents comprised in Sy. No.

1163/2 originally belonged to late Sri. Mathai, the grandfather of the

petitioners. After the death of Sri. Mathai and his wife, a suit for partition as

O.S.No. 372 of 1986 was instituted by Poulose, one of the sons of Sri. Mathai.

One of the three defendants in the suit was Sri.Cheru. The trial court decreed

the suit and the same was reversed by a learned Single Judge of this Court.

An intra court appeal was preferred and by Ext.P2 judgment, the appeal was

dismissed. The right, title and interest over the property thus became vested

with Cheru.

3. The petitioners contend that Ext.P3 Will was executed by Cheru in

favour of the petitioners and as per the stipulation in the Will, the property

which is the subject matter of the suit was bequeathed in favour of the

petitioners. After the death of Cheru and his wife, the petitioners became the

absolute owners. However, they found that, in the BTR, the name of their

grandfather has been mentioned as the landholder. With a view to effect

transfer of registry in their favour, the petitioners submitted Ext.P6 application

before the respondents 2 and 3. Their grievance is that no action has been

taken. It is in the afore circumstances that the petitioners are before this

Court seeking a direction to the respondents 2 and 3 to forthwith take up

Ext.P6 and effect mutation in respect of the property covered under Exts.P1

and P2 judgments and in the light of Ext.P3.

4. I have heard Sri. Varghese C. Kuriakose, the learned counsel

appearing for the petitioners and Smt. K. Amminikutty, the learned

Government Pleader.

5. Having regard to the facts and circumstances and the submissions

made across the bar, this writ petition is disposed of directing the competent

among respondents 2 and 3 to take up Ext.P6 application filed by the

petitioners and finalize the same taking note of Exts.P1 to P3. Orders shall be

passed expeditiously, with notice to the petitioners as well as affected parties,

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

of a copy of this judgment.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE ps

APPENDIX OF WP(C) 5977/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE JUDGMENT DATED 25.6.97 IN A.S.NO.4/1991 OF THIS HON'BLE COURT.

EXHIBIT P2 TRUE PHOTOSTAT COY OF THE JUDGMENT DATED 26.8.2016 IN A.F.A. NO.32/98 OF THIS HON'BLE COURT.

EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE WILL DEED NO.120/97 SRO TRIPUNITHURA DATED 10.7.1997.

EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE DEATH CERTIFICATE OF CHERU DATED 18.12.97 ISSUED BY HEALTH INSPECTOR

EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE DEATH CERTIFICATE OF THE MOTHER OF THE PETITIONERS ISSUED BY ST.MARY'S JACOBITE SYRIAN CHURCH DATED 25.2.2021.

EXHIBIT P6 TRUE PHOTOSTAT COPY OF THE APPLICATION DATED 12.6.2019 SUBMITTED BEFORE 2ND AND 3RD RESPONDENTS.

EXHIBIT P7 TRUE PHOTOSTAT COPY OF THE REGISTRATION SLIPS DATED 26.6.2019.

EXHIBIT P8 TRUE PHOTOSTAT COPY OF THE ACKNOWLEDGMENT CARD SIGNED BY THE 2ND RESPONDENT ON 27.6.2019.

EXHIBIT P9 TRUE PHOTOSTAT COPY OF THE ACKNOWLEDGMENT CARD SIGNED BY THE 3RD RESPONDENT ON 27.6.2019.

RESPONDENTS' EXHIBITS: NIL