Kerala High Court
Resmi Varma P.K vs State Of Kerala on 23 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
WP(C) NO. 2663 OF 2024
PETITIONER:
RESMI VARMA P.K.
AGED 45 YEARS
D/O LATE H.H. KARTHIKATHIRUNAL RAVIVARMA RAJA,
RESIDING AT ANJALI HOUSE, ATHOLI, ATHOLI P.O.,
KOZHIKODE, PIN - 673315
BY ADVS.
NIRMAL V NAIR
ENCIL K. SABU
NESILI NAZEER
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF HOME AFFAIRS, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE LAND REVENUE COMMISSIONER
LAND REVENUE COMMISSIONERATE, PUBLIC OFFICE
BUILDING, MUSEUM ROAD, OPPOSITE ZOO, VIKAS BHAVAN
P.O, THIRUVANANTHAPURAM, PIN - 695033
3 THE DISTRICT COLLECTOR, KOZHIKODE
COLLECTORATE, ERANHIPALAM, WAYANAD ROAD, CALICUT
COLLECTORATE P.O, KOZHIKODE, PIN - 673020
4 THE DISTRICT POLICE CHIEF, KOZHIKODE RURAL
O/O THE DISTRICT POLICE CHIEF, KOZHIKODE RURAL,
CALICUT CITY P.O., KOZHIKODE, PIN - 673004
5 THE STATION HOUSE OFFICER
BALUSSERY POLICE STATION, BALUSSERY P.O.,
KOZHIKODE, PIN - 673612
6 THE TAHSILDAR (LAND RECORDS), KOZHIKODE TALUK
KOZHIKODE TALUK OFFICE, ERANHIPALAM, KOZHIKODE
CIVIL STATION P.O., KOZHIKODE, PIN - 673020
7 THE TAHSILDAR (LAND RECORDS), KOYILANDY TALUK
KOYILANDY TALUK OFFICE, , KOYILANDY P.O.,
KOZHIKODE, PIN - 673305
W.P.(C). No.2663 of 2024 :2:
8 VILLAGE OFFICER, NANMANDA VILLAGE
O/O THE NANMANDA VILLAGE OFFICER, NANMANDA P.O.,
KOZHIKODE, PIN - 673613
9 VILLAGE OFFICER, BALUSSERY VILLAGE
O/O THE BALUSSERY VILLAGE OFFICER, BALUSSERY P.O.,
KOZHIKODE, PIN - 673612
10 RAJESH
S/O KUNHIRAMAN, MEETHALE MANANCHERY HOUSE, DOOR NO
VII/1401, BALUSSERY P.O., KOZHIKODE, PIN - 673612
11 M.K. VIJAYAVARMA RAJA
S/O KRISHNAN NAMBOOTHIRI, MALLISSERY KOVILAKAM,
KARUMALA P.O., SIVAPURAM, THAMARASSERY TALUK,
KOZHIKODE, PIN - 673612
12 UMANATHAN
MANKAVU KOVILAKAM, MANKAVU P.O., NEAR THRISHALA
BHAGAVATHI TEMPLE, KOZHIKODE, PIN - 673007
OTHER PRESENT:
SMT. DEEPA NARAYANAN -SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C). No.2663 of 2024 :3:
VIJU ABRAHAM, J.
-- -- -- -- -- -- -- -- -- -- -- -- --
W.P.(C) No.2663 of 2024
-- -- -- -- -- -- -- -- -- -- -- -- --
Dated this the 23rd day of February, 2024
JUDGMENT
The petitioner has approached this Court seeking a direction
to the 4th respondent to act on Ext.P16 complaint and for a further
direction to respondents 6 and 8 to keep in abeyance all further
proceedings for transfer of registry of the property comprised in
Sy. No.47/13 and 47/10 of Nanmanda Village, Kozhikode Taluk in
the name of the 11th respondent till the enquiry by the 4 th
respondent is completed. Essentially, the petitioner is disputing
Ext.P5 registered Will, alleging that the same has been obtained by
the 11th respondent by playing fraud.
2. The learned Government Pleader upon instructions
submitted that there are three schedule of properties in Ext.P5 and
the transfer of registry has already been effected in respect of the
properties mentioned as schedule Nos. 1 and 2 and as regards the
3rd schedule property mentioned in Ext.P5, the 6 th respondent has
issued a hearing notice to the petitioner as well as the 11 th
respondent, where, the 11th respondent appeared and produced all
the documents, but the petitioner did not respond to the said
notice. Therefore, the grievance of the petitioner that no action has
been taken on her complaint appears to be not sustainable.
3. Further, what is challenged is Ext.P5 registered Will. This
Court is of the view that if the petitioner is aggrieved by the same,
she has to approach the competent civil court for appropriate relief
as this Court under Article 226 of the Constitution of India cannot
go into disputed question of facts.
Accordingly, the above writ petition is dismissed.
Sd/-
VIJU ABRAHAM
JUDGE
sm/
APPENDIX OF WP(C) 2663/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE DEATH CERTIFICATE
DATED 23-6-2022 ISSUED BY THE REGISTRAR
OF BIRTHS AND DEATH, KOZHIKODE CORPORATION
Exhibit P2 A TRUE COPY OF THE DEATH CERTIFICATE
DATED 16-6-2023 ISSUED BY THE REGISTRAR
OF BIRTHS AND DEATHS, BALUSSERY GRAMA
PANCHAYAT
Exhibit P3 A TRUE COPY OF THE LEGAL HEIRSHIP
CERTIFICATE DATED 26-9-2023 ISSUED BY THE
TAHSILDAR, KOYILANDY TALUK OFFICE
Exhibit P4 A TRUE COPY OF THE AFFIDAVIT DATED 19-9-
2019 SWORN AND SIGNED BY THE PETITIONER'S
FATHER FOR OBTAINED ENDOWMENTS FROM THE
LOCAL SELF GOVERNMENT INSTITUTIONS
Exhibit P5 A TRUE COPY OF THE DOCUMENT NO.
74/III/2020 DATED 1-12-2020 OF THE
CHELANNUR SRO
Exhibit P6 A TRUE COPY OF THE NOTICE DATED NIL
ISSUED TO THE STATE BANK OF INDIA,
BALUSSERY BRANCH IN JULY, 2023
Exhibit P7 A TRUE COPY OF THE NOTICE DATED NIL
ISSUED TO THE STATE BANK OF INDIA,
ARAPEEDIKA BRANCH IN JULY, 2023
Exhibit P8 A TRUE COPY OF THE NOTICE DATED NIL
ISSUED TO THE NANMANDA SERVICE CO-
OPERATIVE BANK IN JULY, 2023
Exhibit P9 A TRUE COPY OF THE NOTICE DATED 13-7-2023
ISSUED TO THE KURUMBRANADU NIDHI LTD.,
BALUSSERY BRANCH
Exhibit P10 A TRUE COPY OF THE NOTICE DATED NIL
ISSUED TO THE UNNIKULAM NIDHI LTD.,
EKAROOL BRANCH IN JULY, 2023
Exhibit P11 A TRUE COPY OF THE EMAIL DATED 19-7-2023
ISSUED BY THE BRANCH MANAGER, STATE BANK
OF INDIA, BALUSSERY BRANCH
Exhibit P12 A TRUE COPY OF THE PASSBOOK OF ACCOUNT
NO. 50190006764494 HELD WITH ESAF BANK,
BALUSSERY BRANCH BY THE PETITIONER'S
FATHER
Exhibit P13 A TRUE COPY OF THE COMPLAINT DATED 25-7-
2023 SUBMITTED BY THE PETITIONER BEFORE
THE BALUSSERY POLICE ALONG WITH THE
RECEIPT
Exhibit P14 A TRUE COPY OF THE REPRESENTATION DATED
28-10-2023 SUBMITTED BY THE PETITIONER
BEFORE THE 8TH RESPONDENT
Exhibit P15 A TRUE COPY OF THE REPRESENTATION DATED
28-10-2023 SUBMITTED BY THE PETITIONER
BEFORE THE 9TH RESPONDENT
Exhibit P16 A TRUE COPY OF THE COMPLAINT DATED 28-10-
2023 SUBMITTED BY THE PETITIONER BEFORE
THE 4TH RESPONDENT ALONG WITH THE RECEIPT
DATED 30-10-2023
Exhibit P17 A TRUE COPY OF THE NOTICE NO.
TLKKD/12943/2023-G3 DATED 5-1-2023 (SIC)
ISSUED BY THE 6TH RESPONDENT
