Doly C.K vs Thahazildar
2023 Latest Caselaw 9537 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
      TUESDAY, THE 5TH DAY OF SEPTEMBER 2023 / 14TH BHADRA, 1945
                        WP(C) NO. 27772 OF 2023
PETITIONERS:

     1     DOLY C.K
           AGED 60 YEARS
           W/O M.A. BALAKRISHNAN,
           MARUTHURKADAVU,
           KARAMANA PO,
           TRIVANDRAUM.
           PIN-695002,
     2     DEEPA C.K
           AGED 48 YEARS'
           W/O K.P. UNNIKRISHNAN,
           VENATTUPARAMBIL,
           KADEBHAGAM,
           PALLURUTY,
           ERNAKULAM,
           PIN - 682006
           BY ADVS.
           SANTHOSH PETER (MAMALAYIL)
           P.N.ANOOP
           SMITHA PILLAI
           AJAY V.ANAND
           M.S.SANDEEP SUDHAKARAN
           ROHIT LOBO
           JOBIN GRACE THOMAS
RESPONDENTS:
     1     THAHAZILDAR
           TALUK OFFICE, KANAYANNUR, ERNAKULAM., PIN - 682011
     2     SUB-REGISTRAR
           SUB REGISTER OFFICE, ERNAKULAM, PIN - 682011
     3     VILLAGE OFFICER
           ELAMKULAM VILLAGE, ERNAKULAM., PIN - 682020


  THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.09.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 27772 OF 2023

                             2

                          JUDGMENT

Ext. P7 application of the petitioners for mutation

in respect of the property covered by Ext. P1 sale

deed executed pursuant to Ext. P3 Will has been

returned by the 1st respondent with an endorsement

that the original Will is not submitted and directed the

petitioners to produce the original Will. The petitioners

submit that the refusal on the part of the 1 st

respondent to consider the application for mutation

insisting on production of original Will is illegal and

arbitrary. The petitioners submit that they have

produced Ext. P3 certified copy of the Will and that

the 1st respondent cannot insist on production of the

original Will. The petitioners also refer to Ext. P4 paper

publication made by them and submit that there was WP(C) NO. 27772 OF 2023

also no objection for the mutation pursuant to the

paper publication.

2. Heard the learned counsel for the petitioners

and the learned Government Pleader for the

respondents.

3. This Court, in Mariamma Varkey v. State of

Kerala (Judgment dated 23.08.2023 in W.P.(c)

No. 26503 of 2023) has held that in the absence of

the original of a registered Will, a certified copy of the

will can be produced and the application for mutation

can be considered in terms of the stipulations

contained in the Will. In this case, the Will is a

registered one and the petitioners had produced Ext.

P3 certified copy of the Will before the 1st respondent.

A paper publication was also taken regarding the loss

of original Will and calling for objection in using the WP(C) NO. 27772 OF 2023

certified copy as original and there was no objection

from anyone in response to the paper publication.

There will be a direction to the 1 st respondent to

consider Ext. P7 application for mutation by accepting

Ext. P3 certified copy of the Will without insisting for

the original of the Will and effect mutation of the

property, if the application is otherwise in order. The

same shall be done within a period of one month from

the date of receipt of a certified copy of this

judgment.

The writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE bnu WP(C) NO. 27772 OF 2023

APPENDIX

PETITIONERS EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE DEED NO.2301/1970 OF ERNAKULAM SRO DATED 07.12.1970

Exhibit P2 TRUE COPY OF THE DEATH CERTIFICATE OF THE PETITIONER'S MOTHER, MRS. LEELA, ISSUED FROM KOCHI CORPORATION DATED 15.7.2022

Exhibit P3 TRUE COPY OF THE CERTIFIED COPY OF THE WILL ISSUED FROM SRO ERNAKULAM DATED 06.01.2023

Exhibit P4 TRUE COPY OF THE PAPER PUBLICATION DATED 21.02.2023

Exhibit P5 TRUE COPY OF THE LAND TAX RECEIPT DATED 26.6.2023

Exhibit P6 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE ISSUED BY THE 2ND RESPONDENT DATED 11/07/2023

Exhibit P7 TRUE COPY OF THE APPLICATION FOR MUTATION DATED 21.7.2023