Kerala High Court
Shyamprasad vs State Of Kerala on 8 June, 2022
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. 10377 OF 2022
PETITIONER:
SHYAMPRASAD
AGED 54 YEARS
S/O. LATE DHARMAPALAN,
KUTTIYIL HOUSE,
THIRUVATHRA POST, CHAVAKKAD,
THRISSUR DISTRICT -680 503
BY ADVS.
RAJIT
ARJUN S.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE LAND REVENUE COMMISSIONER,
PUBLIC OFFICE BUILDING, MUSEUM ROAD, VIKHAS BHAVAN P.O,
THIRUVANANTHAPURAM -695 033
2 THE DISTRICT COLLECTOR
THRISSUR, CIVIL STATION, CIVIL LINES RD, KALYAN NAGAR,
AYYANTHOLE, THRISSUR 680003
3 REVENUE DIVISIONAL OFFICER, THRISSUR
CIVIL STATION, CIVIL LINES RD, KALYAN NAGAR,,
AYYANTHOLE, THRISSUR 680 003
4 THE TAHSILDAR,
CHAVAKKAD TALUK, VANJIKADAVU RD, CHAVAKKAD,
THRISSUR -680 506
5 THE VILLAGE OFFICER
MANATHALA, CHAVAKKAD, THRISSUR -680 506
6 THE INSPECTOR GENERAL
DEPARTMENT OF REGISTRATION, VANCHIYUR P.O,
THIRUVANANTHAPURAM -695 035
WP(C) NO. 10377 OF 2022
2
7 THE SUB REGISTRAR
CHAVAKKAD SRO, CHAVAKKAD, THRISSUR 680 512
SRI. ARAVIND V. MATHEW, 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. 10377 OF 2022
3
JUDGMENT
The petitioner is a legatee under a Will executed by his
father and registered as Will No.25/III/2019 of Chavakkad
SRO. The property which has been bequeathed had devolved
on the petitioner's father as per a Will executed by the
petitioner's grandfather Sri.Kumaran as per registered Will
No.57/1987 of Chavakkad SRO, which is dated 23.10.1987.
Ext.P2 is the Will executed by the petitioner's grandfather in
favour of petitioner's father. The grievance of the petitioner is
that the property is not being mutated in his name pointing
out that, in Ext.P1 Will, the devolution of the property has
been shown to be on the basis of the Will No.17/1987 instead
of Will No.57/1987, which according to the petitioner is a
mistake since there is no other Will which had been executed
by his grandfather as Will No.17/1987. The petitioner has also
produced as Ext.P7, the copy of Will No.17/1987 registered
with Chavakkad SRO on 22.04.1987, to show that it is only a
mistake.
2. In such circumstances, the petitioner had
WP(C) NO. 10377 OF 2022
approached the Registrar for rectification of this mistake,
which has occurred in the Will executed by his father as
Ext.P1. The request has been rejected as per Ext.P6 stating
that, the option was available to the testator to get the Will
corrected by either executing another Will or by requesting
for its correction. But since no such request had been made by
the testator, the Registrar has no power to correct the same
on the request of the petitioner. The petitioner also points out
that a mistake has occurred in the description of the property
regarding survey number. It is evident from the records which
have been produced by him, that what is bequeathed as per
Ext.P1 Will is only the property which the father of the
petitioner had received as per Ext.P2 Will from his father. No
other property is sought to be bequeathed. As such, all that is
required is to refer to Ext.P2 Will, while effecting mutation in
favour of the petitioner. Ext.P1 Will can be treated as the wish
of the testator to bequeath the properties that had devolved
on him through Ext.P2 Will in the name of the petitioner.
Viewed in such manner, interest of justice requires that a
declaration is made that the description in the prior document
as Will No.17/1987 instead of Will No.57/1987 of Chavakkad
WP(C) NO. 10377 OF 2022
SRO and the mention of Re-survey No.221/10 instead of Re-
survey No.121/10 and Resurvey No.115/3 instead of Resurvey
No.115/2 & 115/3 of Manathala Village are typographical
errors which have occurred in Ext.P1 Will. It is so declared.
There will be a further direction to the 5 th respondent to
effect mutation with regard to the properties in Re-survey
No.121/10 and Resurvey No.115/3 of Manathala Village of
Chavakkad Taluk, which originally belonged to the petitioner's
grandfather and was bequeathed as per Ext.P2 Will in favour
of the petitioner's father, in the name of the petitioner on the
basis of Ext.P1 Will ignoring the typographical errors which
have crept into Ext.P1 Will and which have been declared to
be typographical errors in this judgment. Necessary orders
shall be issued within one month from the date of receipt of a
copy of this judgment.
Sd/-
T.R.RAVI
JUDGE
mpm
WP(C) NO. 10377 OF 2022
APPENDIX OF WP(C) 10377/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE WILL EXECUTED BY THE
LATE DHARMAPALAN AND REGISTERED AS WILL
NO. 25/III/2019 OF CHAVAKKAD SRO DTD
20-03-2019
Exhibit P2 A TRUE COPY OF THE WILL EXECUTED BY THE
LATE KUMARAN AND REGISTERED AS WILL NO.
57/1987 OF CHAVAKKAD SRO DTD 23-10-1987
Exhibit P3 A TRUE COPY OF THE DEATH CERTIFICATE
ISSUED BY THE THRISSUR CORPORATION DTD
04-08-2021
Exhibit P4 A TRUE COPY OF THE COMMUNICATION OF THE
5TH RESPONDENT DTD 21-02-2022 REJECTING
THE APPLICATION OF THE PETITIONER FOR
MUTATION
Exhibit P5 A TRUE COPY OF THE APPLICATION PREFERRED
BY THE PETITIONER BEFORE THE 7TH
RESPONDENT DTD 17-02-2022
Exhibit P6 A TRUE COPY OF THE COMMUNICATION OF THE
7TH RESPONDENT HAVING REFERENCE NUMBER
C.NO 33/2022 REJECTING THE APPLICATION OF
THE PETITIONER DATED 18-02-2022
Exhibit P7 A TRUE COPY OF THE WILL EXECUTED BY ONE
LAKSHMIKUTTY REGISTERED BEFORE THE 7TH
RESPONDENT AS WILL NO. 17/1987 OF
CHAVAKKAD SRO DTD 22-04-1987
