Kerala High Court
Sobhana Antharjanam vs State Of Kerala on 29 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
WP(C) NO. 21004 OF 2021
PETITIONER:
SOBHANA ANTHARJANAM, AGED 60 YEARS
W/O. LATE MADHAVAN NAMBOOTHIRI, NEDUMUTTATHU
NEELAMANAMATTATHIL, THRIPPERUMTHURA VILLAGE,
THRIPPERUMTHURA P.O, MAVELIKKARA TALUK, ALAPPUZHA,
NOW RESIDING AT KEERANTHITTA ILLOM, VRINDAVAN,
VADAKKENADA, KUMARANELLOOR P.O, KOTTAYAM DISTRICT,
PIN 686 016
BY ADVS.
S.RANJIT (KOTTAYAM)
GOKUL DAS V.V.H.
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM PIN 695 001
2 DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA DISTRICT,
PIN 688 001
3 TAHSILDAR (LR)/ DEPUTY TAHSILDAR, MAVELIKKARA TALUK,
MINI CIVIL STATION, MAVELIKKARA P.O,
ALAPPUZHA DISTRICT, PIN 690 101
4 VILLAGE OFFICER, THRIPPERUMTHURA VILLAGE OFFICE,
THRIPPERUMTHURA P.O, CHENNITHALA, MAVELIKKARA,
ALAPPUZHA DISTRICT PIN 690 105
5 SARASWATHIYAMMA, AGED 70 YEARS, D/O. LATE SUBRAMANIAN
NAMBOOTHIRI, NEDUMUTTATHU NEELAMANAMATTATHIL,
THRIPPERUMTHURA VILLAGE, THRIPPERUMTHURA P.O,
MAVELIKKARA TALUK, ALAPPUZHA PIN 690 105
REPRESENTED BY HER GUARDIAN AND BROTHER, THE 6TH
RESPONDENT HEREIN SUBRAMANIAN NAMBOOTHIRI, AGED 60
YEARS.,S/O. LATE SUBRAMANIAN NAMBOOTHIRI, NEDUMUTTATHU
NEELAMANAMATTATHIL, THRIPPERUMTHURA VILLAGE,
WPC 21004/21
2
THRIPPERUMTHURA P.O, MAVELIKKARA TALUK,
ALAPPUZHA PIN 690 105
6 SUBRAMANIAN NAMBOOTHIRI, AGED 60 YEARS
S/O. LATE SUBRAMANIAN NAMBOOTHIRI, NEDUUTTATHU
NEELAMANAMTTATHIL, THRIPPERUMTHURA VILLAGE
MAVELIKKARA TALUK, ALAPPUZHA PIN 680 105
7 NARAYANAN NAMBOOTHIRI, AGED 68 YEARS
S/O. LATE SUBRAMANIAN NAMBOOTHIRI, NEDUUTTATHU
NEELAMANAMTTATHIL, THRIPPERUMTHURA VILLAGE
MAVELIKKARA TALUK, ALAPPUZHA PIN 680 105
SMT.SURYA BINOY- SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.10.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WPC 21004/21
3
JUDGMENT
The petitioner seeks a direction to the 3rd
respondent - Tahsildar (LR) to effect Transfer of
Registry of the property covered by Ext.P1
Settlement Deed in his favour; on the strength of
Ext.P2 Death Certificate and Ext.P3 Legal
Heirship Certificate.
2. The petitioner explains that the property
was originally obtained by her husband through
Ext.P1; and that consequent to his death, she is
the only legal heir, as is evident from Ext.P3.
She asserts that, therefore, the 3rd respondent is
not justified in refusing to accede to her
request for Transfer of Registry of the property
in her favour and prays that the same be directed
to be done within a time frame to be fixed by
this Court.
3. The afore submissions of Sri.Gokul Das
V.V.H - learned counsel for the petitioner, were
answered by Smt.Surya Binoy - learned Senior
WPC 21004/21
Government Pleader, saying that as per Ext.P1,
the property sought to be transferred in favour
of the petitioner has been reserved as a
crematorium for the 'thavazhi' of the family. She
submitted that, therefore, the 3rd respondent is
unable to accede to the request of the petitioner
on account of various objections raised by other
members of her husband's family.
4. Even when I hear the learned Senior
Government Pleader as afore, the fact remains that
when an application is made before the competent
Authority, he is obligated to consider the same
and issue appropriate proceedings thereon, but
cannot refuse to do so merely because objections
have been preferred.
5. I am, therefore, of the firm view that
the 3rd respondent - Tahsildar must consider the
petitioner's request and either accept or reject
it for the reasons that have to be recorded in a
proceeding, so that she will then obtain
necessary competence to invoke legal recourse as
WPC 21004/21
is available to her.
In the afore circumstances, I order this writ
petition and direct the 3rd respondent to hear the
petitioner as also any other person who may have
raised claim over the property in question and
dispose of her request for Transfer of Registry
of the property covered by Ext.P1 on the strength
of Ext.P2 Death Certificate and Ext.P3 Legal
Heirship Certificate as expeditiously as is
possible, but not later than two months from the
date of receipt of a copy of this judgment.
Needless to say, in the event the 3rd
respondent finds in favour of the petitioner
after the afore exercise, steps for Transfer of
Registry of the property shall be taken without
any avoidable delay; and if, on the contrary, the
said Authority is to find against her, then the
resultant proceedings will record why he has so
decided.
After I dictated this part of the judgment,
Sri.Gokul Das V.V.H - learned counsel for the
WPC 21004/21
petitioner, submitted that the provision
applicable, according to him, is Rule 27(1) of
the Transfer of Registry Rules and that
therefore, the 3rd respondent may be directed to
consider this aspect also.
Needless to say, the 3rd respondent is
obligated - as per the afore directions - to act
as per law and to take a decision based on all
the relevant and applicable provisions including
the aforementioned by the learned counsel for the
petitioner.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 21004/21
APPENDIX OF WP(C) 21004/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SETTLEMENT DEED DATED
02-11-1981 BEARING NO. 2383/1981 OF THE
SUB REGISTRAR'S OFFICE, MANNAR.
Exhibit P2 TRUE COPY OF THE DEATH CERTIFICATE
ISSUED BY THE REGISTRAR OF BIRTHS AND
DEATHS, CHENNITHALA-THRIPPERUMTHURA
GRAMA PANCHAYATH
Exhibit P3 TRUE COPY OF THE LEGAL HEIRSHIP
CERTIFICATE DATED 04-02-2019 BEARING
NO. C1-13251/18 ISSUED TO THE
PETITIONER.
Exhibit P4 TRUE COPY OF THE NOTICE DATED 10-08-
2018 BEARING NO. 58/2018 ISSUED BY THE
4TH RESPONDENT.
Exhibit P5 TRUE COPY OF THE OBJECTION DATED 16-08-
2018 SUBMITTED BY THE 6TH RESPONDENT.
Exhibit P6 TRUE COPY OF THE REPORT DATED 08-10-
2018 BEARING NO 58/18 SUBMITTED BY THE
4TH RESPONDENT BEFORE THE 3RD
RESPONDENT.
Exhibit P6A TYPED COPY OF EXHIBIT P6
Exhibit P7 TRUE COPY OF THE PLAINT IN O.S NO.
333/2019 BEFORE THE MUNSIFF'S COURT,
MAVELIKKARA.
Exhibit P8 TRUE COPY OF THE WRITTEN STATEMENT
FILED BY THE PETITIONER IN O.S NO.
333/2019 BEFORE THE MUNSIFF'S COURT,
MAVELIKKARA.
Exhibit P9 TRUE COPY OF THE LETTER DATED 29-12-
2020 SENT BY THE PETITIONER TO THE 4TH
WPC 21004/21
RESPONDENT.
