Chandrasekharan C vs The District Collector
2022 Latest Caselaw 6444 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
                        WP(C) NO. 8734 OF 2022
PETITIONER:

          CHANDRASEKHARAN C,
          AGED 78 YEARS
          S/O. LATE. SOOLAPANI, THUMBAYA WARIATH, CHALAVARA,
          OTTAPALAM TALUK, PALKKAD DISTRICT,
          NOW RESIDING AT # 10 A/1, PLOT NO. 99, 2ND CROSS,
          APPAVU NAGAR, THALLY ROAD, HOSUR TALUK, KRISHNAGIRI
          DISTRICT, TAMIL NADU 635 109, REPRESENTED BY POWER OF
          ATTORNEY HOLDER, R. SREEDHARAN, AGED 76 YEARS,
          S/O. LATE K.T. RAMAN, PALAKKAVIL HOUSE,
          CHERAMBATTAKKAVU, ANANGANADI, OTTAPALAM TALUK,
          PALAKKAD DISTRICT 679 501.

          BY ADVS.
          P.JAYARAM
          GIGI PAPPACHAN
          K.R.PAUL
          LEKSHMI NARAYANAN


RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          PALAKKAD -678 001.

    2     THE TAHSILDAR (LAND RECORDS),
          OTTAPALAM -691 101.

    3     THE VILLAGE OFFICER,
          CHALAVARA VILLAGE OFFICE, P.O. CHALAVARA -679 505.

    4     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

          SRI. BIMAL K. NATH, SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8734 OF 2022

                                  2

                           JUDGMENT

The writ petition has been filed by a senior citizen

through a power of attorney holder. The petitioner's case is

that he is the legatee under a registered Will executed by late

Madhavikutty Warasiar, who is a relative on his father's side.

As per the Will, 39 cents of land situated in Survey No.241/2,

241/5 in Chalavara Village, Ottapalam Taluk, has been

bequeathed. The properties were originally purchased by one

Lakshmi Warasiar as per kanam assignment deed No.1828 of

1948, registered with S.R.O., Cherpulasseri. The testatrix is

stated to be the only daughter of Lakshmi Warasiar, who

inherited the property exclusively. Testatrix died on

25.04.1998. The Will was executed on 22.08.1997. The

grievance of the petitioner is that the Revenue Authorities are

refusing to carry out mutation of the properties in his name,

stating that he has to give details of the other legal heirs of

the testatrix and that they also have to be heard before

effecting mutation. The petitioner had approached this Court WP(C) NO. 8734 OF 2022

by filing W.P.(C) No.21669/2021, which was disposed of by

Ext.P12 judgment directing the respondents to consider the

application filed by the petitioner for Transfer of Registry of

the property covered by Ext.P2, after affording him or his

power of attorney an opportunity of being heard and after

causing every necessary enquiry and investigation as may be

relevant as expeditiously as possible. Subsequent to the

judgment, the Village Officer addressed the petitioner on

25.11.2021 directing him to appear within ten days along with

the original of the Will. Thereafter, on 06.12.2021, the Village

officer issued Ext.P14 communication to the power of attorney

holder stating that under Rule 27(2), the legal heirs have to be

heard and hence petitioner may produce the details of the

legal representatives. This was followed by Exhibit P15 letter

dated 16.12.2021 whereby it is stated that the legal

representatives have to be heard in person and since the

property which is sought to be bequeathed was not in the

name of the testatrix, it was not possible to continue with the

proceedings under the Transfer of Registry Rules. The WP(C) NO. 8734 OF 2022

petitioner has approached this Court in the above

circumstances.

2. Rule 27 of the Transfer of Registry Rules, 1966

relates to transfer of title by succession. It deals with cases of

change of registry necessitated by the death or prolonged

absence for more than seven years of the registered holder.

Rule 27(ii) deals with Succession in case of disappearance of a

registered holder. This is not a case of disappearance of

registered holder, Rule 27(i) specifically states that in dealing

with claims to succession by heirship, if the succession is not

disputed, the Tahsildar may direct transfer of registry either

at once or after due enquiry and that if it is disputed, a

summary enquiry may be made as to who has the right to

succeed to the property of the deceased registered holder

according to the principles of law of succession which governs

the case. In the case on hand, the claim is based on an

unregistered Will executed by one Madhavikutty Warasiar.

There is no dispute that the property originally belonged to WP(C) NO. 8734 OF 2022

Lakshmi Warasiar. The only aspect pointed out by the

competent authority is that the legal heirs of the testatrix are

not available for hearing. Such a contingency will arise only if

a dispute regarding the Will is raised by any person. As long

as there is no such dispute, there is no necessity for the

Village Officer/Tahsildar to go into a roving enquiry into issue

relating to succession of the petitioner to the property on the

basis of the Will. The Transfer of Registry is only for the fiscal

purposes and does not convey any title to the person in whose

name the mutation is made. This aspect is well settled.

In such circumstances, this writ petition is allowed. The

respondents 2 and 3 are directed to carry out the mutation

regarding the land covered by Ext.P1 on the strength of

Ext.P2 Will in the name of the petitioner and receive the land

tax from the petitioner. It is made clear that this order will not

in any way be understood as a declaration by this Court on the

title of the petitioner on the basis of the Will and if any

challenge is raised to the Will at any point of time in an WP(C) NO. 8734 OF 2022

appropriate civil court, this judgment will not be treated as an

order in favour of the petitioner regarding his title.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 8734 OF 2022

APPENDIX OF WP(C) 8734/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE KANAM ASSIGNMENT DEED NO.

                         1828   OF   1948,   S.R.O   CHERPULASSERI,
                         ASSIGNING   THE   PROPERTY    TO   LAKSHMI
                         WARASIAR.

Exhibit P2               TRUE COPY OF THE WILL DATED 22.08.1997

EXECUTED BY LATE MADHAVIKUTTY WARASIAR BEQUEATHING HER PROPERTIES IN FAVOUR OF THE PETITIONER.

Exhibit P3 TRUE COPY OF THE LETTER DATED 12.11.2020 ISSUED BY VILLAGE OFFICER, CHALAVARA TO TAHSILDAR, OTTAPALAM FORWARDING THE APPLICATION OF PETITIONER'S POWER OF ATTORNEY HOLDER FOR MUTATION OF PETITIONER'S PROPERTY.

Exhibit P4               TRUE COPY OF THE LETTER DATED 16.02.2021
                         ISSUED   BY   TAHSILDAR  (LAND    RECORDS),
                         OTTAPALAM    TO   THE   VILLAGE    OFFICER,

CHALAVARA FOR TAKING APPROPRIATE ACTIONS ON THE APPLICATION OF PETITIONER'S POWER OF ATTORNEY HOLDER FOR MUTATION OF PETITIONER'S PROPERTY.

Exhibit P5 TRUE COPY OF THE LETTER DATED 02.03.2021 ISSUED BY VILLAGE OFFICER, CHALAVARA TO THE TAHSILDAR (LAND RECORDS), OTTAPALAM INFORMING THAT THE ATTESTING WITNESSES TO THE WILL WERE DEAD AND LEGAL HEIRS OF MADHAVIKUTTY WARASIAR ARE NOT AVAILABLE IN THE LOCALITY.

Exhibit P6 TRUE COPY OF THE LETTER DATED 30.03.2021 ISSUED BY VILLAGE OFFICER, CHALAVARA TO THE POWER OF ATTORNEY HOLDER OF THE PETITIONER FOR PRODUCTION OF DETAILS OF THE LEGAL HEIRS OF LATE MADHAVIKUTTY WARASIAR AND THE ATTESTING WITNESSES TO WP(C) NO. 8734 OF 2022

THE WILL.

Exhibit P7 TRUE COPY OF THE LETTER DATED 13.08.2021 ISSUED BY TAHSILDAR (LAND RECORDS), OTTAPALAM TO THE VILLAGE OFFICER, CHALAVARA TO DROP FURTHER ACTIONS ON PETITIONER'S APPLICATION IF THE PETITIONER FAILS TO PRODUCE RELEVANT DOCUMENTS AND OTHER RECORDS.

Exhibit P8 TRUE COPY OF THE LETTER DATED 07.09.2021 ISSUED BY THE VILLAGE OFFICER, CHALAVAR TO THE POWER OF ATTORNEY HOLDER OF THE PETITIONER FOR PRODUCTION LEGAL HEIRSHIP CERTIFICATE OF MADHAVI WARASIAR AND ALSO THE IDENTITY PROOF OF THE ATTESTING WITNESSES TO THE WILL.

Exhibit P9 TRUE COPY OF THE LAND TAX RECEIPT DATED 08.10.2020 ISSUED FROM THE VILLAGE OFFICE, CHALAVARA TO THE PETITIONER WITH RESPECT TO HIS PROPERTY ON THE STRENGTH OF TEMPORARY THANDAPER NUMBER 2798/T3.

Exhibit P10 TRUE COPY OF THE LAND TAX RECEIPT DATED 09.11.2020 ISSUED FROM THE VILLAGE OFFICE, CHALAVARA IN THE NAME OF LAKSHMI WARASIAR AGAIN WITH RESPECT TO PETITIONER'S PROPERTY.

Exhibit P11 TRUE COPY OF THE DEATH CERTIFICATE DATED 28.04.1998 ISSUED FROM CHALAVARA GRAMA PANCHAYATH CERTIFYING THE DEATH MADHAVIKUTTY WARASIAR, THE TESTATRIX.

Exhibit P12 TRUE COPY OF THE JUDGMENT DATED 25.10.2021 IN W.P.C NO. 21669/2021, HIGH COURT OF KERALA.

Exhibit P13 TRUE COPY OF THE LETTER DATED 25.11.2021 FROM THE VILLAGE OFFICER, CHALAVARA TO THE PETITIONER DIRECTING THE PRODUCTION OF THE ORIGINAL OF THE WILL.

WP(C) NO. 8734 OF 2022

Exhibit P14 TRUE COPY OF THE LETTER DATED 06.12.2021 FROM THE VILLAGE OFFICER, CHALAVAR TO THE POWER OF ATTORNEY HOLDER OF THE PETITIONER DIRECTING TO FURNISH THE PARTICULARS OF THE LEGAL HEIRS OF THE TESTATRIX, MADHAVIKUTTY WARASIAR.

Exhibit P15 TRUE COPY OF THE NOTICE/ ORDER DATED 16.12.2021 ISSUED BY THE VILLAGE OFFICER, CHALAVARA REFUSING TO UNDERTAKE PROCEEDINGS OF MUTATION OF PETITIONER'S PROPERTY.