Deepa Gopakumar vs The Tahsildar(L.R)
2021 Latest Caselaw 18074 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                       WP(C) NO. 16666 OF 2021
PETITIONER:

          DEEPA GOPAKUMAR
          AGED 45 YEARS
          W/O.GOPAKUMAR, RESIDING AT PARAMBATH HOUSE, MANEED
          VILLAGE, PAZHOOR P.O., PIRAVOM, ERNAKULAM DISTRICT,
          PIN-686664.
          BY ADVS.
          JOBI.A.THAMPI
          SHOUKATH HUSAIN
          SUBIN K SUDHEER


RESPONDENTS:

    1     THE TAHSILDAR(L.R)
          KOTHAMANGALAM TALUK, TALUK OFFICE, KOTHAMANGALAM,
          ERNAKULAM DISTRICT, PIN-686691.
    2     THE VILLAGE OFFICER
          KOTHAMANGALAM VILLAGE, ERNAKULAM DISTRICT, PIN-686691.
    3     ABHINAND,
          AGED 15 YEARS
          (MINOR), S/O. LATE DILEEP, CHARAMAYIL HOUSE, KUTHUKUZHI
          P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT, REPRESENTED BY
          HIS NEXT FRIEND AND GUARDIAN MALINI DILEEP, CHARAMAYIL
          HOUSE, KUTHUKUZHI P.O., KOTHAMANGALAM, PIN-686691.
    4     AMRUTHA,
          AGED 10 YEARS
          D/O. LATE DILEEP, CHARAMAYIL HOUSE, KUTHUKUZHI P.O.,
          KOTHAMANGALAM, ERNAKULAM DISTRICT, REPRESENTED BY HER
          NEXT FRIEND AND GUARDIAN MALINI DILEEP, CHARAMAYIL
          HOUSE, KUTHUKUZHI P.O., KOTHAMANGALAM, PIN-686691.
    5     MALINI DILEEP,
          AGED 45 YEARS
          W/O. LATE DILEEP, CHARAMAYIL HOUSE, KUTHUKUZHI P.O.,
          KOTHAMANGALAM, PIN-686691.
 WP(C) NO. 16666 OF 2021
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    6     KAMALAKSHIYAMMA,
          W/O.PANKAJACHAN NAIR, CHARAMAYIL HOUSE, KUTHUKUZHI
          P.O., KOTHAMANGALAM, NOW RESIDING AT PARAMBATH HOUSE,
          MANEED HOUSE, PAZHOOR P.O., PIRAVOM, ERNAKULAM
          DISTRICT, PIN-686664.
          SRI ASHWIN SETHUMADHAVAN- SR GOVERNMENT PLEADER



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16666 OF 2021
                                      3



                              JUDGMENT

The petitioner has approached this Court with an innocuous

prayer that 1st respondent be directed to consider and dispose of

Ext.P7 complaint/representation made by her, adverting to the

provisions of the Hindu Succession Act, 1956, within a time

frame to be fixed by this Court.

2. The petitioner says that the property involved in this

case was originally owned by her elder brother, Sri.Asokan and

that consequent to his death, it has legally devolved only upon his

mother, namely the 6th respondent and not on his siblings, since he

was unmarried, going by the provisions of the Hindu Succession

Act. He submits that, however, the names of respondents 3, 4 and

5 - who are the wife and minor children of another deceased

brother, Sri.Dileep - have also been included in the tax receipt

issued by the 2nd respondent and therefore, that she preferred

Ext.P7 complaint seeking that said record be corrected. She

explains that she has sought so because her mother has settled the

entire property in her name, thus rendering as its sole owner. The WP(C) NO. 16666 OF 2021

petitioner, therefore, prays that Ext.P7 be directed to be taken up

and disposed of within a time frame to be fixed by this Court.

3. Sri.Ashwin Sethumadhavan - learned Senior

Government Pleader, in response to the afore, submitted that the

competent respondent has been informed that there are certain

civil disputes with respect to the property and therefore, that they

are incapacitated from considering Ext.P7 as of now. He,

however, submitted that if this Court is so inclined, 3rd respondent

is willing to hear the petitioner, as also the party respondents and

take a final decision on Ext.P7, after adverting to all documents,

including the proof of any civil disputes with respect to the

property, without any avoidable delay.

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

doubt that the singular assertion of the petitioner is that the

property of late Asokan could have devolved only on her mother,

namely the 6th respondent, under the provisions of the Hindu

Succession Act. She thereafter claims full rights over the

property, on the strength of a Settlement Deed which the mother WP(C) NO. 16666 OF 2021

had executed in her favour but that the Tax Receipt with respect to

it contains the names of respondents 3 to 5 also, thus compelling

to prefer Ext.P7. I am, therefore, of the opinion that same will

require to be disposed of appropriately, since this Court conclude

on her contentions at the first instance.

5. That said, I am aware that notices have not been issued

from this Court to respondents 3 to 5; but am of the view that this

will not inhibit me from delivering this judgment, since the

directions I propose herein will not prejudice them in any manner.

In the afore circumstances, I order this writ petition and

direct the 1st respondent to take up Ext.P7 representation of the

petitioner and dispose of the same, after hearing her as well as

respondents 3 to 6; thus culminating in an appropriate order

thereon, as expeditiously as is possible, but not later than three

months from the date of receipt of a copy of this judgment.

Needless to say, since I have not issued notice from this

Court to respondents 3 to 6, the 1st respondent will ensure, while

completing the afore exercise, that they are appropriately and WP(C) NO. 16666 OF 2021

effectively notified and that their version taken note of carefully,

before issuing the resultant order.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS/03/09/2021 WP(C) NO. 16666 OF 2021

APPENDIX OF WP(C) 16666/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DEATH CERTIFICATE DATED 4.4.2008 ISSUED BY THE REGISTER OF BIRTH & DEATH, KOTHAMANGALAM MUNICIPALITY.

Exhibit P2 TRUE COPY OF THE SETTLEMENT DEED NO.553/2014 OF SUB REGISTRAR OFFICE KOTHAMANGALAM.

Exhibit P3 TRUE COPY OF THE MEMORANDUM OF UNDERSTANDING DATED 5.3.2014 ENTERED INTO BETWEEN THE PETITIONER AND RESPONDENT NOS. 5 & 6.

Exhibit P4 TRUE COPY OF THE RELEASE DEED NO.1352/2014 OF THE SUB REGISTRAR OFFICE, KOTHAMANGALAM. Exhibit P5 TRUE COPY OF THE DOCUMENT NO.1354/2014 EXECUTED BY THE RESPONDENT NOS. 3 TO 5 IN FAVOUR OF THE PETITIONER.

Exhibit P6 TRUE COPY OF THE BASIC TAX RECEIPT DATED 28.12.2020 ISSUED THE 2ND RESPONDENT IN FAVOUR OF THE PETITIONER.

Exhibit P7 TRUE COPY OF THE COMPLAINT/REPRESENTATION DATED 17.3.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P7(A) TRUE COPY OF THE POSTAL RECEIPT DATED 19.3.2021 IN RESPECT OF EXT.P7.

Exhibit P7(B) TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD IN RESPECT OF EXT.P7.