A.V.Jacob vs The Tahsildar (Land Records)
2021 Latest Caselaw 23747 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
                          WP(C) NO. 26123 OF 2020


PETITIONER:

              A.V.JACOB, AGED 57 YEARS, S/O VARGHESE CHACKO,
              ARAKKATHARA HOUSE, MUTTATHIPARAMBU P.O.CHERTHALA,
              ALAPPUZHA DISTRICT-688 527.

              BY ADVS.
              J.OM PRAKASH
              SRI.T.G.SUNIL (PRANAVAM)
              SRI.C.X.ANTONY BENEDICT
              SHRI.T.S.BHARATH KRISHNA
              SHRI.ADHEEP VIJAY


RESPONDENTS:

     1        THE TAHSILDAR (LAND RECORDS), TALUK OFFICE,
              CHERTHALA, ALAPPUZHA-688 524.

     2        THE VILLAGE OFFICER, THANNEERMUKKOM NORTH
              VILLAGE OFFICE, THANNEERMUKKOM P.O.CHERTHALA,
              ALAPPUZHA-688 524.


              SMT.K.AMMINIKUTTY .SR.G.P..


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 26123/20
                                     2

                           JUDGMENT

The petitioner has approached this Court impugning Exts.P6

and P7 to the extent to which the respondents have refused to

effect transfer of Registry of the property involved in this case on

the strength of Ext.P1 Will, merely saying that it is not a

registered one.

2. Sri.J.Omprakash - learned counsel for the petitioner,

submitted that the respondents could not have issued the impugned

orders because they are bound to effect the transfer of Registry

complying with the provisions of Rule 27 (2) of the Transfer of

Registry Rules. He added that since the registered owner has been

missing for the last more than 7 years, it will have to be presumed

that he is no more and therefore, that the terms of Ext.P1 Will has

come into effect. He thus prayed that the competent among the

respondents be directed to effect the transfer of Registry of the

property in his client's favour, within a time frame to be fixed by

this Court. He reiteratingly added to the afore submissions saying WPC 26123/20

that since the owner of property is now no more, which is

established, there is absolutely no impediment for the competent

respondents to have acceded to his client's request.

3. Smt.K.Amminikutty - learned Senior Government

Pleader, submitted that, in terms of the interim order of this Court

dated 16.04.2021, the transfer of Registry of the property in favour

of the petitioner has been completed. She, however, explained that

this has been done on the condition that the same will be subject

to the final result in this Writ Petition; and added that the original

owner has other legal heirs, whose names are not mentioned in

Ext.P1 Will.

4. When I consider the afore submissions, it is without

doubt that if there are any claims over the property from any

other person - who may be the legal heir of the original owner -

then certainly they are at liberty to impel the same and the

transfer of Registry of the property done in favour of the petitioner

will not be an impediment for such person invoking his legal WPC 26123/20

remedies.

In the afore circumstances, leaving open liberty to any person

who may have any right over the property in question - including

to challenge Ext.P1 Will, as they may be advised - I close this Writ

Petition, confirming the interim order dated 16.04.2021; however,

specifically clarifying that the observations and directions in this

judgment will not bind any other person who intends to invoke

remedies against the petitioner or against the property, as the case

may be.

Sd/-

RR                                       DEVAN RAMACHANDRAN
                                               JUDGE
 WPC 26123/20


                APPENDIX OF WP(C) 26123/2020

PETITIONER EXHIBITS
EXHIBIT P1          TRUE COPY OF WILL DATED 14.7.2000
                    EXECUTED BY SHRI VARGHESE.
EXHIBIT P2          TRUE COPY OF LETTER NO 176/2020 DATED

12.6.2020 OF THE 2ND RESPONDENT ADDRESSED TO THE 1ST RESPONDENT EXHIBIT P3 TRUE COPY OF LETTER NO H1-7286/20 DATED 22.6.2020 OF THE 1ST RESPONDENT TO THE PETITIONER EXHIBIT P4 TRUE COPY OF LETTER NO H1-9972/20 DATED 22.10.2020 OF THE 1ST RESPONDENT TO THE PETITIONER EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 27.10.2020 ISSUED BY ADV. S.S.SATHJITH, CHERTHALA TO THE RESPONDENTS ALONG WITH THE POSTAL RECEIPTS EXHIBIT P6 TRUE COPY OF THE LETTER OF 1ST RESPONDENT ISSUED TO 2ND RESPONDENT DATED 10.11.2020 EXHIBIT P7 TRUE COPY OF THE LETTER DATED 13.11.2020 OF THE 2ND RESPONDENT TO THE PETITIONER