Citation : 2023 Latest Caselaw 11248 Ker
Judgement Date : 27 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
WP(C) NO. 35272 OF 2023
PETITIONER:
CHANDRAVALLY
AGED 81 YEARS
W/O. A. GANGADHARAN,
RESIDING AT 761, 16TH MAIN ROAD,
3RD SET HSR LAYOUT,
BANGALORE, KARNATAKA,
PIN - 560 102.
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
V.R.SANJEEV KUMAR
BIJOY SAM GEORGE
RESPONDENTS:
1 THE VILLAGE OFFICER
NALLEPILLY VILLAGE OFFICE,
NALLEPILLY, PALAKKAD DISTRICT,
PIN - 678 553.
2 THE TAHSILDAR
TALUK OFFICE, MINI CIVIL STATION,
CHITTUR ROAD, CHITTUR,
PALAKKAD DISTRICT, PIN - 678 101.
*THE DESCRIPTION OF THE 2ND RESPONDENT IS SUO MOTU
CORRECTED AS THE TAHSILDAR (LR)
TALUK OFFICE, MINI CIVIL STATION,
CHITTUR ROAD, CHITTUR,
PALAKKAD DISTRICT, PIN - 678 101.
SRI. BIMAL K. NATH - SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.35272 OF 2023
2
JUDGMENT
The description of the 2 nd respondent, the
Tahsildar, Taluk Office, Mini Civil Station, Chittur Road,
Chittur, Palakkad District - 678 101 in the cause title
is suo motu corrected as the Tahsildar (LR), Taluk
Office, Mini Civil Station, Chittur Road, Chittur,
Palakkad District - 678 101.
2. The petitioner states that she is the owner in
respect of 74 cents of land in Survey Nos.976 and 989
comprised in Nallepilly Village, Chittur Taluk, Palakkad
District obtained by virtue of Ext.P2 registered Will.
The testator, namely the petitioner's mother expired
on 21.09.1992. The petitioner made an application for
mutation of the aforesaid property as per Ext.P4 on
20.09.2023. The limited prayer of the petitioner in
this writ petition is for a direction to the respondents to
take Ext.P4 request to a logical conclusion. WP(C).No.35272 OF 2023
3. Heard the learned counsel for the petitioner
and the learned Government Pleader for the
respondents.
4. In the facts and circumstances of the case,
there will be a direction to the 1st respondent to
consider Ext.P4 request in accordance with law, as
expeditiously as possible, at any rate, within a period
of six weeks from the date of receipt of a copy of this
judgment. The petitioner shall produce a copy of the
writ petition before the 1st respondent.
The writ petition is disposed of with the above
direction.
Sd/-
MURALI PURUSHOTHAMAN JUDGE
SPR WP(C).No.35272 OF 2023
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 A TRUE COPY OF THE DOCUMENT NO.858/1989 OF SRO CHITTUR DATED 10.05.1989 EXECUTED IN THE NAME OF THE PETITIONER AND MR.MUKUNDAN AND OTHERS.
EXHIBIT P2 A TRUE COPY OF THE REGISTERED WILL NO 54/1989 OF SRO CHITTUR ON 10.05.1989. EXHIBIT P3 A TRUE COPY OF DEATH CERTIFICATE DATED 07.11.2014 ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, NALLEPILLY GRAMA PANCHAYAT.
EXHIBIT P4 A TRUE COPY OF THE REQUEST DATED 20.09.2023 MADE BY THE PETITIONER BEFORE THE RESPONDENTS 1 AND 2.
EXHIBIT P5 A TRUE COPY OF THE JUDGMENT MADE IN W.P.
(C) NO. 33015/2023 BY THIS HON'BLE COURT ON 09.10.2023.
RESPONDENTS ANNEXURES: NIL.
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