Kerala High Court
Elsy Vijoy vs State Of Kerala on 6 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
WP(C) NO. 21301 OF 2021
PETITIONER:
ELSY VIJOY, AGED 41 YEARS, W/O.LATE VIJOY VARGHESE @
VIJOY MON VARGHESE, VADAKKEMURIYIL, SANTHIPURAM P.O.,
KARUKACHAL, KOTTAYAM DISTRICT, PIN-686 545, NOW
RESIDING AT MANALELKIZHAKETHIL, KADPRAMANNAR,
NIRANAM P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT,
PIN-689 621.
BY ADV. SUSANTH SHAJI
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT
OF REVENUE, SECRETARIAT, TRIVANDRUM-695 001.
2 THE DISTRICT COLLECTOR,
KOTTAYAM DISTRICT, DISTRICT COLLECTORATE OFFICE,
COLLECTORATE, KOTTAYAM DISTRICT, PIN-686 002.
3 THE TAHSILDAR, CHANGANASSERY TALUK,
TALUK OFFICE, KACHERY ROAD, OPPOSITE GOVERNMENT MODEL
HSS, CHANGANASSERY, KOTTAYAM DISTRICT, PIN-686 101.
4 THE TAHSILDAR (LR), CHANGANASSERY TALUK,
TALUK OFFICE, KACHERY ROAD, OPPOSITE GOVERNMENT MODEL
HSS, CHANGANASSERY, KOTTAYAM DISTRICT, PIN-686 101.
5 THE VILLAGE OFFICER, KARUKACHAL VILLAGE OFFICE,
KARUKACHAL P.O., KOOTHRAPALLY, KARUKACHAL,
KOTTAYAM DISTRICT, PIN-686 540.
6 THE SUB REGISTRAR, THENGANA, SUB REGISTRAR OFFICE,
CHANGANASSERY, THENGANA, KERALA-686 536.
7 THE SUB REGISTRAR, KARUKACHAL,
SUB REGISTRAR OFFICE, KARUKACHAL P.O., KOOTHRAPALLY,
KARUKACHAL, KOTTAYAM DISTRICT, PIN-686 540.
SMT.K.AMMINIKUTTY - SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 21301 OF 2021
-2-
JUDGMENT
The petitioner says that her deceased husband
had registered a Will, namely Ext.P6, in her
favour on 03.12.2019. She says that the property
covered by the Will was acquired by her late
husband through Exts.P1 and P2 sale deed and
release deed respectively and that he died on
12.08.2021, which compelled her to make Ext.P10
representation before the 3rd and 5th respondents.
2. The petitioner says that even though
respondents 3 and 5 accepted the said
representation, no action has been taken as
requested by her; and, therefore, prays that the
competent Authority be directed to issue
appropriate orders on Ext.P10, within a time frame
to be fixed by this Court.
3. Smt.K.Amminikutty - learned Senior
Government Pleader, submitted that if the
WP(C) NO. 21301 OF 2021
petitioner only requires Ext.P10 to be taken up
and disposed of by the competent respondent, there
does not appear to be any legal impediment in
doing so; however, praying that this Court may not
make any affirmative declarations in her favour in
this judgment and leave it to the said Authority
to take an apposite decision thereon, as per law.
4. Since I notice that petitioner has only
requested that her representation, namely Ext.P10,
be directed to be taken up and disposed of by the
competent respondent, I deem it appropriate to
allow this writ petition, acceding to the said
request.
Resultantly, this writ petition is allowed and
the 4th respondent - Tahsildar (LR) is directed to
take up Ext.P10 representation of the petitioner
and dispose of the same, after affording her an
opportunity of being heard and adverting to Ext.P6
Will, as also documents to show that husband of
WP(C) NO. 21301 OF 2021
the petitioner is now no more; thus culminating in
an appropriate order thereon, as expeditiously as
is possible, but not later than one month.
After I dictated this judgment, the learned
Government Pleader pointed out that Ext.P10 has
been preferred by the petitioner before the 3 rd and
5th respondents - the Tahsildar and the Village
Officer respectively. I, therefore, direct the
said respondents to transmit the said application
to the 4th respondent - Tahsildar (LR), within a
period of one week from the date of receipt of a
copy of this judgment; and the time frame fixed
above will start from the date on which the 4 th
respondent receives the same.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 21301 OF 2021
APPENDIX OF WP(C) 21301/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE SALE DEED
NO.983/2006 OF SRO, KARUKACHAL.
EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE RELEASE DEED
NO.1580/2009 OF SRO, KARUKACHAL.
EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE BASIC TAX
RECEIPT IN RESPECT OF THE PROPERTY
COVERED BY EXTS.P1 AND P2 DEEDS ISSUED
BY THE 5TH RESPONDENT.
EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE ENCUMBRANCE
CERTIFICATE IN RESPECT OF THE PROPERTY
COVERED BY EXT.P1 AND P2 DEEDS ISSUED
BY THE 7TH RESPONDENT.
EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE MARRIAGE
CERTIFICATE ISSUED BY THE LOCAL
REGISTRAR, KUNNAMTHANAM GRAMA
PANCHAYAT.
EXHIBIT P6 TRUE PHOTOSTAT COPY OF THE WILL DEED
NO.184/2019 OF SRO, THENGANA EXECUTED
BY SRI.VIJOY VARGHESE @ VIJOY MON
VARGHESE.
EXHIBIT P7 TRUE PHOTOSTAT COPY OF THE DEATH
CERTIFICATE OF VIJOY VARGHESE @ VIJOY
MON VARGHESE ISSUED BY THE REGISTRAR OF
BIRTHS, DEATHS AND MARRIAGE 9COMMON),
THIRUVALLA MUNICIPALITY.
EXHIBIT P8 A COPY OF THE AFFIDAVIT DATED
06.09.2021 SWORN BY THE PETITIONER AND
ATTESTED BY A NOTARY AFFIRMING THE FACT
THAT EXT.P6 WILL DEED IS THE LAST AND
FINAL TESTAMENT OF VIJOY VARGHESE @
WP(C) NO. 21301 OF 2021
VIJOY MON VARGHESE.
EXHIBIT P9 A COPY OF THE LIST CERTIFICATE ISSUED
BY THE 6TH RESPONDENT.
EXHIBIT P10 TRUE PHOTOSTAT COPY OF THE
REPRESENTATION DATED 22.09.2021
PREFERRED BY THE PETITIONER BEFORE THE
3RD AND 5TH RESPONDENTS.
EXHIBIT P11 TRUE PHOTOSTAT COPY OF THE POSTAL TRACK
RECEIPT DOWNLOADED FROM THE INDIA POST
WEBSITE FOR THE CONSIGNMENT
NO.RL617213496IN.
EXHIBIT P12 TRUE PHOTOSTAT COPY OF THE POSTAL TRACK
RECEIPT DOWNLOADED FROM THE INDIA POST
WEBSITE FOR THE CONSIGNMENT
NO.RL617213522IN.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
