Harilal V vs State Of Kerala
2022 Latest Caselaw 8584 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                        WP(C) NO. 8517 OF 2022
PETITIONER:

          HARILAL V.
          AGED 55 YEARS, S/O.VASUDEVAN,
          KUNNUTHARAYIL, THOTTAPPALLY P.O.,
          PURAKKAD, ALAPPUZHA - 688 563.

          BY ADV ARAVIND GHOSH



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY PRINCIPAL SECRETARY TO THE GOVERNMENT,
          REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.

    2     THE DISTRICT COLLECTOR ALAPPUZHA
          COLLECTORATE, ALAPPUZHA - 688 001.

    3     TAHSILDAR (LR) AMABALAPPUZHA
          AMBALAPPUZHA TALUK OFFICE, SDV SCHOOL ROAD,
          KIDANGAMPARAMBU P.O., ALAPPUZHA - 688 013.

    4     THE VILLAGE OFFICER
          PURAKKAD VILLAGE OFFICE, PURAKKAD P.O.,
          ALAPPUZHA - 688 561.

    5     SUMANGALA
          AGED 62 YEARS, D/O.VASUDEVAN,
          KUNNUTHARAYIL, THOTTAPPALLY P.O.,
          PURAKKAD, ALAPPUZHA - 688 563.

          SMT. DEEPA. V. GOVT. PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8517 OF 2022
                                   2




                             T.R. RAVI, J.
              --------------------------------------------
                       W. P.(C).No.8517 of 2022
               --------------------------------------------
                  Dated this the 6th day of July, 2022

                                JUDGMENT

Admit. Government Pleader takes notice for respondents 1 to

4. Even though notice was issued to the 5 th respondent before

admission and notice had been served, he has not chosen to appear.

2. The writ petition has been filed challenging Ext.P9 order

issued by the 4th respondent refusing to effect mutation of the

properties covered by Ext.P1 Will stating that the Will does not have

legal validity. It is trite law that an officer exercising his power

under the Transfer of Registry Rules is not expected to decide on the

validity or otherwise of the document of title. It is also trite law that

the proceedings under the Transfer of Registry Rules is only fiscal in

nature and does not in any way decide the title of the parties. The

reasoning in Ext.P9 is hence not legally sustainable. The petitioner

is hence entitled to succeed.

In the result, Ext.P9 is quashed. There will be a direction to

the 4th respondent to reconsider the application submitted by the

petitioner for mutation of property covered by Ext.P1 Will in his WP(C) NO. 8517 OF 2022

favour and pass necessary orders within one month from the date of

receipt of a copy of this judgment. It is made clear that this Court is

not making any declaration regarding the title of the petitioner as

against that of the 5th respondent nor will the mutation effected

pursuant to the direction issued by this Court in this judgment be

treated as a declaration of the title in favour of the petitioner.

Sd/-

T.R. RAVI JUDGE

Pn WP(C) NO. 8517 OF 2022

APPENDIX OF WP(C) 8517/2022

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE WILL DEED NO.21/III/08 OF SRO, AMBALAPPUZHA DATED 04/03/2008.

Exhibit P2 THE TRUE COPY OF THE THANDAPER REGISTER NO.2033 IN THE NAME OF THE FATHER OF THE PETITIONER.

Exhibit P3 THE TRUE COPY OF THE DEATH CERTIFICATE OF THE FATHER OF THE PETITIONER ISSUED BY THE REGISTRAR OF BIRTH AND DEATH PURAKKAD GRAMA PANCHAYAT DATED 11/02/2020.

Exhibit P4 THE TRUE COPY OF THE DEATH CERTIFICATE OF THE MOTHER OF THE PETITIONER ISSUED BY THE REGISTRAR OF BIRTH AND DEATH PURAKKAD GRAMA PANCHAYAT DATED 06/10/2020.

Exhibit P5 THE COPY OF THE APPLICATION FOR MUTATION FILED BEFORE THE VILLAGE OFFICER PURAKKAD BY THE PETITIONER DATED 3/11/2020.

Exhibit P6 THE TRUE COPY OF THE COMPLAINT FILED BY THE 5TH RESPONDENT BEFORE THE 4TH RESPONDENT DATED 5/09/2019.

Exhibit P7 THE TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT UNDER SECTION 6 OF THE RIGHT TO SERVICE ACT, 2012 DATED 21/01/2022.

Exhibit P8 THE TRUE COPY OF THE REPORT SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 3RD RESPONDENT DATED 25/02/2022.

Exhibit P9 THE TRUE COPY OF THE ORDER PASSED BY THE THSILDAR (L.R.), AMBALAPPUZHA DATED 28/02/2022.

WP(C) NO. 8517 OF 2022

Exhibit P10 TRUE COPY OF THE SETTLEMENT DEED NO.

556/2017 OF SRO, AMBALAPUZHA ON 17/03/2017

Exhibit P11 TRUE COPY OF THE SETTLEMENT DEED NO.2062/2017 OF SRO, AMBALAPUZHA ON 12/10/2017