Kerala High Court
Suja Sabu Mathew vs State Of Kerala on 23 June, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 14009 OF 2025
1
2025:KER:45020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 23RD DAY OF JUNE 2025 / 2ND ASHADHA, 1947
WP(C) NO. 14009 OF 2025
PETITIONER/S:
1 SUJA SABU MATHEW,
AGED 55 YEARS
W/O. SABU MATHEW, SINAI, AYRANIKUDY P.O, CHERUMUKHA,
ALAPPUZHA DIST., PIN - 690558
2 SMITHA JOHN,
AGED 54 YEARS
W/O JOHN DANIEL, AMBALLOOR VADAKKETHIL VEEDU,
KANNAMCOD, ADOOR P.O., NOW RESIDING AT 22B(P), SADK
16, WARD 40, SECTOR-02, BHILAI -1, DURG DT,
CHATTISGARH, PIN - 691523
3 JOBIN JOHN,
AGED 30 YEARS
S/O JOHN DANIEL, AMBALLOOR VADAKKETHIL VEEDU,
KANNAMCOD, ADOOR P.O., NOW RESIDING AT 22B(P), SADK
16, WARD 40, SECTOR-02, BHILAI -1, DURG DT,
CHATTISGARH, PIN - 691523
4 JOSMY JOHN,
AGED 28 YEARS
D/O JOHN DANIEL, AMBALLOOR VADAKKETHIL VEEDU,
KANNAMCOD, ADOOR P.O., NOW RESIDING AT 22B(P), SADK
16, WARD 40, SECTOR-02, BHILAI -1, DURG DT,
CHATTISGARH, PIN - 691523
BY ADVS.
SHRI.REJI MATHEW.M
SHRI.N.SAJU THOMAS
SHRI.MATHEW VARGHESE
SHRI.MATHEWS K. NELLUVELY
SHRI.JOEL REJI MATHEW
SHRI.ANDREW MATHEWS
WP(C) NO. 14009 OF 2025
2
2025:KER:45020
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT OF KERALA,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR,
2ND FLOOR, DISTRICT COLLECTORATE,COLLECTORATE ROAD,
CHITTOR, PATHANAMTHITTA, PATHANAMTHITTA DISTRICT,
PIN - 689641
3 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER, PARASS LA,
ADOOR, PATHANAMTHITTA (DIST.), PIN - 691523
4 THE VILLAGE OFFICER,
VILLAGE OFFICE, OPPOSITE TO REVENUE TOWER,PARASS LA,
ADOOR, PATHANAMTHITTA (DIST)., PIN - 691523
OTHER PRESENT:
SR GP SMT VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14009 OF 2025
3
2025:KER:45020
C.S.DIAS, J.
---------------------------------------
WP(C) No. 14009 OF 2025
-----------------------------------------
Dated this the 23rd day of June, 2025
JUDGMENT
The writ petition is filed to direct the 3rd
respondent to permit the petitioners to remit the
conversion fee as mentioned in Ext.P1 fee notice.
2. The 1st petitioner is the daughter of late I.Daniel
(deceased) and the petitioners 2 to 4 are the daughter-in-
law and grand children of the deceased. The deceased was
the owner of 14.30 Ares of land comprised in Resurvey
No.696/5 of Adoor Village, Adoor Taluk, Pathanamthitta
District. The deceased's property was classified as 'paddy
land' in the data bank. Accordingly, he submitted an
application to exclude the property from the data bank,
which was allowed by the 3rd respondent. In the meantime,
the deceased died on 03.04.2018 and his wife died on
18.08.2024 leaving the petitioners as the sole legal heirs of
the deceased. Moreover, by Ext.P2 will, the deceased had
bequeathed his properties in favour of his children, with a
WP(C) NO. 14009 OF 2025
2025:KER:45020
life interest for his wife. Now the deceased has been served
with Ext.P1 notice to remit the conversion fee. Since the
deceased is no more, the petitioners had approached the
Revenue Divisional Officer to remit the fee as per Ext.P1
fee notice. However, the respondents are refusing to
accept the fee from the petitioners. Hence, the writ
petition.
3. The 3rd respondent had filed a statement,
asserting that the deceased had filed Annexure R3(a)
application in Form 6 application which was allowed and
the applicant was directed to remit Rs.6,37,191/-on
19.04.2022. But the same has not been remitted. In the
enquiry, it was revealed that the deceased had died before
the submission of Form 6 application. The petitioners have
not approached the Office of the 3 rd respondent to remit
the fee. Therefore, the writ petition may be disposed of
accordingly.
4. The petitioners have filed reply affidavit denying
the allegations in the statement filed by the 3 rd respondent.
5. Heard; the learned counsel for the petitioners
WP(C) NO. 14009 OF 2025
2025:KER:45020
and the learned Senior Government Pleader.
6. It is not in dispute that the deceased was the
owner of the property for which the Form 6 application was
filed. The deceased had executed Ext.P2 will in favour of
the 2nd petitioner and his son John Daniel, with a life
interest in favour of his wife. Exts.P3 and P4 death
certificates prove that the deceased died on 03.04.2018
and his wife died on 18.8.2024. Ext.P5 legal heir-ship
certificate substantiates that the son of the deceased
named John Daniel died, and the petitioners 2 to 4 are his
wife and children. Therefore, the materials on record
establish that the petitioners are the legal heirs of the
deceased. Hence, I don't find any legal impediment in
permitting the petitioners to remit the fee under Ext.P1 fee
notice and receiving the conversion certificate in their
names. Nonetheless, I make it clear that, this Court has not
expressed anything on the rights of the petitioners over the
properties of the deceased. If there is any rival claimant,
the matter will have to be adjudicated by the civil court.
Accordingly, I allow the writ petition by directing
WP(C) NO. 14009 OF 2025
2025:KER:45020
the 3rd respondent to accept the conversion fee as per
Ext.P1 fee notice from the petitioners and issue the
conversion certificate in favour of the property of the
deceased covered under the Form 6 application in
accordance with law and as expeditiously as possible, at
any rate, within two weeks from the date of production of a
copy of this judgment. The ownership rights of the
petitioners over the properties of the deceased is left open.
sd/-
C.S.DIAS, JUDGE
rkc/23.06.25
WP(C) NO. 14009 OF 2025
2025:KER:45020
APPENDIX OF WP(C) 14009/2025
PETITIONER EXHIBITS
Exhibit P1 A COPY OF ORDER NO. B6-3607/2021, DATED
19-04-2022.
Exhibit P2 A TRUE COPY OF THE REGISTERED WILL NO.
153/2010 OF SRO, ADOOR.
Exhibit P3 A TRUE COPY OF THE DEATH CERTIFICATE NO.
D0020178-1804185 DATED 09-05-2018 OF I.
DANIEL.
Exhibit P4 A TRUE COPY OF THE DEATH CERTIFICATE NO.
D0040486-20240827865 DATED 31-08-2024 OF
PONNAMMA DANIEL.
Exhibit P5 A COPY OF THE CERTIFICATE OF LEGAL HEIRS
DATED 24-02-2025 ISSUED BY THE TAHSILDAR,
DURG (CG)
RESPONDENT ANNEXURES
Annexure R3(a) TRUE COPY OF APPLICATION IN FORM -6 DATED
19-04-2021
PETITIONER EXHIBITS
Exhibit P6 A true copy of the acknowledgement No. B4-
9109/17 dated 15-12-17, along with a copy
of the application submitted under Clause
6(1) of Kerala Land Utilisation Order
1967.
