S.D.Rajeev vs Dr.C.Beenakumari
2022 Latest Caselaw 9048 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
                      RP NO. 140 OF 2022
AGAINST THE ORDER/JUDGMENTWP(C) 20015/2021 OF HIGH COURT
                          OF KERALA
REVIEW PETITIONERS:

1        S.D.RAJEEV
         AGED 54 YEARS
         S/O. LATE DAYANANDA BABU
         SANTHAVILASAM, PATTANAKKAD
         CHERTHALA, ALAPPUZHA DISTRICT
2        M.B. PRASAD
         AGED 64 YEARS
          S/O.K.R.VASDUDEVAN
         MAVUNGAL HOUSE, PATTANAKKAD PO
         CHERTHALA, ALAPPUZHA DISTRICT
3        HAPPY P AABU
         AGED 42 YEARS
         S/O.AABU, LAKSHMI SADANAM
         MUHAMMA PO, ALAPPUZHA DISTRICT

         BY ADVS.
         S.GOPAKUMARAN NAIR (SR.)
         ASWIN KUMAR M J
         SOORAJ T.ELENJICKAL
         RENOY VINCENT
         HELEN P.A.
         ARUN ROY
         SHAHIR SHOWKATH ALI


RESPONDENTS:

1        DR.C.BEENAKUMARI
         AGED 64 YEARS
         TC.15/788-USRA-117
         UDARA SIROMANI ROAD
         VELLAYAMBALAM
         THIRUVANANTHAPURAM-695 010
 RP No.140/2022
                            :2:


2         THE SATE OF KERALA REPRESENTED BY
          THE SECRETARY TO GOVERNMENT
          DEPARTMENT OF TREASURIES
          SECRETARIAT, THIRUVANANTHAPURAM-695 001
3         DIRECTOR OF TREASURIES
          GOVERNMENT OF KERALA
          THIRUVANANTHAPURAM-695 001
4         THE TREASURY OFFICER
          DISTRICT TREASURY,
          TRIVANDRUM-695 001
5         THE TREASURY OFFICER
          DISTRICT SUB TREASURY
          ALAPPUZHA 688 501

          BY ADVS.
          N.NANDAKUMARA MENON (SR.)
          P.K.MANOJKUMAR
          SMITHA S.PILLAI
          ALICE THOMAS
          M.C.SINY
          SRI.SYAMANTHAK B S, GOVERNMENT PLEADER

     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION
ON 27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 RP No.140/2022
                                       :3:




                           N. NAGARESH, J.

          `````````````````````````````````````````````````````````````
                        R.P. No.140 of 2022
                                 in
                      W.P.(C) No.20015 of 2021

          `````````````````````````````````````````````````````````````
                Dated this the 27th day of July, 2022

                                 ORDER

~~~~~~

The review petitioners, who were not parties to the

writ petition, have approached this Court seeking to review

the judgment dated 09.11.2021 in WP(C) No.20015 of 2021,

alleging error apparent on the face of the records.

2. The writ petitioner, daughter of one of the sisters

of late K.R.Gouri Amma, filed the writ petition seeking to

direct the respondents to release the Treasury Savings Bank

amounts covered by Exts.P5 and P6 in the name of late

Gouri Amma. The application to release the amounts was

earlier rejected by the Treasury authorities on the ground that

the Will of late Gouri Amma based on which the writ RP No.140/2022

petitioner claimed the amounts, was not probated. This

Court, in the judgment dated 09.11.2021, directed the

respondents in the writ petition, to release to the petitioner

the amounts due to the petitioner under the Will.

3. The petitioners in the Review Petition are

grandson, and son and grandson of the siblings of late Gouri

Amma. The review petitioners state that late Gouri Amma

had cancelled the aforesaid Will and destroyed the same.

The claim of the writ petitioner was based on a certified copy

of the destroyed Will. The writ petitioner filed the writ petition

based on a will cancelled and destroyed by the Testator.

Hence, this Court ought not have given a direction to release

to the writ petitioner the Treasury Bank amount in the name

of late K.R Gouri Amma, when the very existence and validity

of the Will is questionable.

4. I have heard the learned Senior Counsel assisted

by the respective counsel appearing for the review

petitioners and the writ petitioner. I have also heard the

learned Government Pleader representing the official RP No.140/2022

respondents.

5. The writ petitioner challenged Ext.P4 letter of the

Director of Treasuries which demanded a probated Will for

closing the accounts of late K.R. Gouri Amma. The question

that arose before the Court in W.P.(C) No.20015 of 2021 was

whether a Will executed by late Gouri Amma needed to be

probated, to be acted upon. This Court held that the stand of

the Director of Treasuries that the Will has to be probated

cannot be sustained. In that context, this Court directed the

respondents in the writ petition to release to the petitioner the

Treasury Saving Bank amounts covered by Exts.P5 and P6

in the name of K.R. Gouri Amma.

6. The finding and conclusion of this Court in the

judgment dated 09.11.2021 in the writ petition was only that

the Will in question need not be probated. None of the

parties to the writ petition had brought to the notice of this

Court any dispute regarding the legality or validity of the Will.

Therefore, this Court does not find that there is any error

apparent on the face of the records of the writ petition, RP No.140/2022

warranting a review of the judgment dated 09.11.2021 in the

writ petition.

7. However, fact remains that the review petitioners

have serious objections regarding the very existence of the

Will. This is a matter which has not been in issue in the writ

petition and therefore not adjudicated.

Hence, the review petition is disposed of clarifying

that this Court has not adjudicated the legality or existence of

Ext.P2 Will.

Sd/-

N. NAGARESH, JUDGE aks/01.08.2022 RP No.140/2022

APPENDIX

PETITIONER'S EXTS:

ANNEXURE-1 COPY OF NOTIFICATION PUBLISHED IN MANGALAM DAILY DTD 26.10.2021.

ANNEXURE-2 COPY OF OBJECTION SENT BY THE FATHER OF 1ST PETITIONER TO 1ST RESPONDENT DTD 30.10.2021 ANNEXURE-3 COPY OF OBJECTION SENT BY GRANDSON OF GOURI AMMA'S ELDER SISTER KR NARAYANI AMMA DTD 30.10.2021 ANNEXURE-4 COPY OF COMPLAINT LODGED BY 2ND PETITIONER BEFORE SUB TREASURY OFFICER, ALAPPUZHA DTD 30.10.2021 ANNEXURE-5 COPY OF COMPLAINT LODGED BY 2ND PETITIONER BEFORE THE DISTRICT TREASURY OFFICER, ALAPPUZHA DTD 30.10.2021 ANNEXURE-6 COPY OF SKETCH OF KALATHIPARAMBIL FAMILY TREE.

RESPONDENT'S EXT:

ANNEXURE-R(1) COPY OF NOTIFICATION DTD 9.1.2022 PUBLISHED IN MANGALAM DAILY.