Kerala High Court
Ranjini Gangadharan vs The District Collector, Kozhikode on 24 September, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
W.P.(C).No.30555/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 24TH DAY OF SEPTEMBER 2024 / 2ND ASWINA, 1946
WP(C) NO. 30555 OF 2024
PETITIONERS:
1 RANJINI GANGADHARAN, AGED 85 YEARS, W/O. LATE T.K.
GANGADHARAN, RESIDING AT 33/5480, KAVITHA, GOLF
LINK ROAD, CHEVAYUR, KOZHIKODE, PIN - 673017
2 CHITHRA T.K., AGED 64 YEARS, D/O. LATE T.K.
GANGADHARAN, RESIDING AT 11/112, BHARATHAM, T.C.
MUKKU, THIRUVANGAD, THALASSERY, PIN - 670104
3 SHEREEN T.K, AGED 54 YEARS, S/O. LATE T.K.
GANGADHARAN, RESIDING AT 33/5480, KAVITHA, GOLF
LINK ROAD, CHEVAYUR, KOZHIKODE, PIN - 673017
BY ADVS. V.V.SURENDRAN
P.A.HARISH, DONA PAUL
RESPONDENTS:
1 THE DISTRICT COLLECTOR, KOZHIKODE
OFFICE OF THE DISTRICT COLLECTOR, KOZHIKODE,
COLLECTORATE BUILDING, PO. CIVIL STATION,
KOZHIKODE, PIN - 673020
2 THE TAHSILDAR,OFFICE OF THE TAHSILDAR (LAND
REVENUE) COLLECTORATE BUILDING, PO. CIVIL STATION,
KOZHIKODE, PIN - 673020
3 THE VILLAGE OFFICER, CHEVAYUR VILLAGE, OFFICE OF
THE VILLAGE OFFICER, CHEVAYUR, KOZHIKODE - 673017
SMT. VIDYA KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 24.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
The petitioners are the wife and children of late T.K.
Gangadharan who owned 22.559 Ares of property situated in
Sy.No.310/112 and 311/64 of Chevayur Village, Kozhikode Taluk.
During the life time of late T.K. Gangadharan, he had executed a
Will bequeathing the property to the 3rd petitioner reserving the
life interest to the 1st petitioner. The 1st petitioner made a
request to the 3rd respondent to receive tax from her with respect
to the property on the strength of Ext.P3 Will. The petitioners 2
and 3 expressed no objection in accepting the tax from the 1 st
petitioner. However, as per Ext.P5, the 3 rd respondent insisted
the 1st petitioner either to probate the Will or to obtain consent
letter from the legal heirs of the late Gangadharan. It is
challenging Ext.P5, the petitioner has approached this Court.
2. I have heard Sri. V.V. Surendran, the learned
counsel for the petitioners and Smt. Vidya Kuriakose, the learned
Government Pleader.
3. Late Gangadharan has left behind him the
petitioners as well as another son namely Sunil. It is pleaded in
the writ petition that Sri. Sunil is not heard of for the past several
years. All other legal heirs are in the party array and they have
no objection in accepting tax from the 1 st petitioner. The learned
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counsel for the petitioner submits that since Sri. Sunil is not
heard of for the last several years, the 1st petitioner is not in a
position to obtain his consent letter.
In these circumstances, I am of the view that the 3 rd
respondent is not justified in insisting either to get the Will
probated or to get a consent letter from the unknown legal heir.
The 3rd respondent is directed to accept the land tax from the 1 st
petitioner. However, it is made clear that the acceptance of land
tax from the 1st petitioner will not prevent Sri. Sunil from raising
any objection regarding the Will before appropriate forum. The
writ petition is disposed of.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
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APPENDIX OF WP(C) 30555/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE REVENUE RECEIPT NO.
KL11010600363/2023 DATED 11.01.2023
ISSUED BY THE 3RD RESPONDENT
Exhibit P2 A TRUE COPY OF THE DEATH CERTIFICATE OF
T.K. GANGADHARAN DATED 12.04.2023 BY THE
KOZHIKODE CORPORATION
Exhibit P3 A TRUE COPY OF THE WILL DATED
17.05.2011 EXECUTED T.K. GANGADHARAN IN
THE PRESENCE OF WITNESSES
Exhibit P4 A TRUE COPY OF THE REQUEST DATED NIL.
MADE BY THE 1ST PETITIONER BEFORE THE
3RD RESPONDENT
Exhibit P5 A TRUE COPY OF THE COMMUNICATION DATED
07.08.2024 ISSUED BY THE 2ND RESPONDENT
TO THE 3RD RESPONDENT
