Mini Shaji vs State Of Kerala
2023 Latest Caselaw 1466 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
                        WP(C) NO. 490 OF 2023
PETITIONERS:

    1     MINI SHAJI
          AGED 51 YEARS
          W/O. SHAJI VARGHESE,
          PARUTHAPARAMBIL HOUSE, THENGOD KARA,
          KAKKANAD VILLAGE, KANAYANNUR TALUK,
          ERNAKULAM DISTRICT, PIN - 682030.

    2     SIMI LAL
          AGED 47 YEARS
          W/O. LAL, ARUTHANAMKERIL HOUSE,
          NELLAD KARA, NELLAD P.O., MAZHUVANNUR VILLAGE,
          KUNNATHUNAD TALUK, ERNAKULAM DISTRICT, PIN - 686669.

    3     ALIAS K.V
          AGED 54 YEARS
          S/O. K.P.VARGHESE,
          KOORAN VEETTIL, NEDUNGATTU MOOLA,
          THENGOD KARA, KAKKANAD VILLAGE,
          KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN - 682030.

          BY ADVS.
          M.N.SANJITH
          JAISON JOSEPH
          VEENA VALLIKANTHAN


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY, REVENUE DEPARTMENT
          SECRETARIAT BUILDING, THIRUVANANTHAPURAM,
          PIN - 695001.

    2     INSPECTOR GENERAL OF REGISTRATION
          OFFICE OF INSPECTOR GENERAL OF REGISTRATION,
          VANCHIYOOR, THIRUVANANTHAPURAM, PIN - 695035.

    3     THE SUB REGISTRAR
          SUB REGISTRAR'S OFFICE, THRIKKAKARA
          ERNAKULAM DISTRICT, PIN - 682021.
 WP(C) NO. 490 OF 2023

                                   2

     4       THE VILLAGE OFFICER
             KAKKANAD VILLAGE, ERNAKULAM, PIN - 682030.

             SRI.BIMAL.K.NATH, SR.GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   20.01.2023,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 490 OF 2023

                                     3

                               T.R. RAVI, J.
               --------------------------------------------
                       W.P. (C) No.490 of 2023
                   --------------------------------------------
              Dated this the 20th day of January, 2023

                              JUDGMENT

Admit. Government Pleader takes notice for the

respondents.

The prayer in the writ petition is for a direction to the 3 rd

respondent to register Ext.P5 rectification deed without

insisting for legal heirship certificate of late Achakkutty.

There is also a prayer for quashing Ext.P8 whereby such a

document was demanded. It can be seen from Ext.P6

relationship certificate issued that the petitioners are the son

and two daughters of late K.P.Varghese and late Achakkutty.

Ext.P7 is the certificate showing the petitioners as the legal

heirs of late K.P.Varghese, the father of the petitioners.

In the above circumstances, I do not think there is any

requirement for obtaining another legal heirship certificate

pertaining to the mother of the petitioners. The writ petition is

hence allowed. Ext.P8 is set aside. The 3 rd respondent is

directed to register Ext.P5 rectification deed based on Ext.P7, WP(C) NO. 490 OF 2023

without insisting on a legal heirship certificate of late

Achakkutty, as and when the same is presented for

registration.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 490 OF 2023

APPENDIX OF WP(C) 490/2023

PETITIONERS' EXHIBITS

Exhibit P1 THE TRUE PHOTOCOPY OF THE REGISTERED WILL DATED 25.05.2004 BEARING NO.18 OF 2004 OF SRO, THRIKKAKARA.

Exhibit P2 THE TRUE PHOTOCOPY OF THE DEATH CERTIFICATE OF K.P. VARGHESE ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, CHENGAMANAD GRAMA PANCHAYAT DATED 18.03.2013.

Exhibit P3 THE TRUE PHOTOCOPY OF THE DEATH CERTIFICATE OF ACHAKKUTTY ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, THRIKKAKARA MUNICIPALITY DATED 16.01.2017.

Exhibit P4 THE TRUE PHOTOCOPY OF THE LAND TAX RECEIPT ISSUED BY KAKKANAD VILLAGE DATED 28.04.2022.

Exhibit P5 THE TRUE COPY OF THE RECTIFICATION DEED PRESENTED FOR REGISTRATION BEFORE RESPONDENT NO.3 BY THE PETITIONERS.

Exhibit P6 THE TRUE COPY OF THE RELATIONSHIP CERTIFICATE BEARING NO.1136 OF 2022 DATED 27.06.2022 OF LATE K.P. VARGHESE AND ACHAKKUTTY ISSUED BY RESPONDENT NO.4.

Exhibit P7 THE TRUE PHOTOSTAT COPY OF THE LEGAL HEIRSHIP CERTIFICATE OF K.P. VARGHESE DATED 22.11.2022 ISSUED BY TAHSILDAR, KANAYANNUR TALUK OFFICE.

Exhibit P8 THE TRUE PHOTOCOPY OF THE LETTER DATED 27.12.2022 ISSUED BY RESPONDENT NO.3.

Exhibit P9 THE APPLICATION SUBMITTED BY THE PETITIONER NO.3 DATED 03.01.2023. WP(C) NO. 490 OF 2023

Exhibit P10 TRUE COPY OF DECLARATION SUBMITTED BY PETITIONER NO.2 ALONG WITH THE APPLICATION FOR LEGAL HEIRSHIP CERTIFICATE.

Exhibit P11 THE TRUE PHOTOCOPY OF THE SALE DEED BEARING NO.6366 OF 1980 DATED 27.12.1980 OF S.R.O. EDAPPALLY.