Shaju. K. Jacob vs The Tahasildar
2023 Latest Caselaw 1860 Ker

W.P.(C) No.3348 of 2023             1




                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                          WP(C) NO. 3348 OF 2023
PETITIONER:

             SHAJU. K. JACOB
             AGED 63 YEARS
             S/O ABRAHAM. K. JACOB,
             KALLAMPARAMBIL HOUSE, MAKKAPUZHA P.O
             CHETHACKAL VILLAGE, RANNY, PATHANAMTHITTA, PIN - 689676
             BY ADVS.
             C.S.MANILAL
             S.NIDHEESH
             KUNJAPPEASOW RAINGE


RESPONDENTS:

      1      THE TAHASILDAR
             TALUK OFFICE,
             RANNY, PATHANAMTHITTA, PIN - 689672
      2      THE VILLAGE OFFICER
             CHETHACKAL VILLAGE OFFICE,
             RANNY, PATHANAMTHITTA, PIN - 689677
      3      MERCY JACOB
              W/O LATE ABRAHAM. K. JACOB
             VAYALA GARDENS, MANDIRAM P.O
             RANNY, PATHANAMTHITTA, PIN - 689672



             BY ADV.SRI.BIMAL K. NATH, SENIOR GOVERNMENT PLEADER


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.3348 of 2023                     2




                                        JUDGMENT

Dated this the 1st day of February, 2023

This writ petition is filed by the petitioner seeking the following reliefs:

1. Issue a writ of Mandamus, or any other appropriate writ, order or direction, directing the 1st respondent to consider Ext. P2 application dated 10.10.2022 for mutation of the property covered by Exhibit P-1 Will and pass appropriate orders after hearing all the parties and in the light of the decision of this Hon'ble Court in 2010(4) KLT 215, 2013(4) KLT 563, 2015(3) KLT SN 4 and 2017(3) KLT 428.

2. Kindly dispense with the production of the translation of vernacular document.

3. Grant such other reliefs.

2. From the pleadings what I could gather is that the petitioner has

submitted Exhibit P2 application, even though addressed to the Village Officer,

Pathanamthitta, before the Tahsildar, Taluk Office, Pathanamthitta - the 1 st

respondent. The sole relief sought for is consideration of Exhibit P2 in accordance

with the provisions of the Transfer of Registry Rules.

Having heard learned counsel for petitioner Sri.C.S.Manilal and learned

Senior Government Pleader Sri.Bimal K. Nath, this writ petition is disposed of

directing the Tahsildar, Taluk Office, Pathanamthitta - the 1 st respondent, to

finalise Exhibit P2 at the earliest, and at any rate, within three months from the

date of receipt of a copy of this judgment, after providing a notice of hearing to all

concerned.

Sd/-

                                                   SHAJI P.CHALY

smv                                                     JUDGE





                          APPENDIX OF WP(C) 3348/2023

PETITIONER'S EXHIBITS
Exhibit p1            TRUE COPY OF THE REGISTERED WILL DATED
                      21.05.2011
Exhibit p2            TRUE COPY OF APPLICATION BEFORE THE 2ND
                      RESPONDENT ON 10.10.2022
Exhibit p3            TRUE COPY OF OBJECTION AGAINST THE TRANSFER
                      OF REGISTRY FILED ON 11.10.2022
Exhibit p4            TRUE COPY OF THE PLAINT O.S. NO: 227/2022 ON
                      THE FILE OF THE MUNSIFF COURT RANNY