Kerala High Court
Salamma Varghese vs State Of Kerala on 10 October, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:75634
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 10TH DAY OF OCTOBER 2025 / 18TH ASWINA, 1947
WP(C) NO. 31801 OF 2025
PETITIONER:
SALAMMA VARGHESE
AGED 65 YEARS, W/O P.M VARGHESE,
RESIDING AT PLACHERIL VEEDU,
MARANGATTULLY KARA, THIRUVANIYOOR VILLAGE,
THIRUVANIYOOR P.O, KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT, KERALA, PIN - 682308.
BY ADVS.
SHRI.G.RAJAN POTAYIL
SMT.SUJA PADNABAN PILLAI
SMT.YAMUNA RANI V.G.
SHRI.GOPIKRISHNA S.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, HOME DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001.
2 THE SUPERINTENDENT OF POLICE (RURAL)
OFFICE OF THE SUPERINTENDENT OF POLICE,
MYLAPRA, PATHANAMTHITTA,
PATHANAMTHITTA DISTRICT, PIN - 689671.
W.P.(C)No.31801 of 2025
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3 THE STATION HOUSE OFFICER (S.H.O)
RANNY POLICE STATION, RANNY,
PATHANAMTHITTA DISTRICT, PIN - 689673.
4 THE REVENUE DIVISIONAL OFFICER (R.D.O)
REVENUE DIVISIONAL OFFICE, THIRUVALLA,
PATHANAMTHITTA DISTRICT, PIN - 689101.
5 THE SECRETARY
RANNY PRIMARY CO-OPERATIVE AGRICULTURAL RURAL
DEVELOPMENT BANK LTD, NO.P.T232, PAZHAVANGADI,
RANNY TALUK, PATHANAMTHITTA, PIN - 689673.
6 THE SPECIAL SALE OFFICER
OFFICE OF RANNY TALUK ASSISTANT REGISTRAR,
C/O RANNY PRIMARY CO-OPERATIVE AGRICULTURAL
RURAL DEVELOPMENT BANK LTD, NO.P.T 232,
PAZHAVANGADI, RANNY, PATHANAMTHITTA,
PIN - 689673.
7 THE VILLAGE OFFICER
CHERUKOLE VILLAGE, VAZHAKKUNNAM ROAD,
CHERUKOLE, KOZHENCHERY, PATHANAMTHITTA,
PIN - 689650.
8 THE TAHSILDAR
TALUK OFFICE, RANNY TALUK, PULLOOPRAM,
PATHANAMTHITTA, PIN - 689674.
BY ADV.SRI. RAJEEV JYOTHISH GEORGE,
GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.10.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.31801 of 2025
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JUDGMENT
Dated this the 10th day of October, 2025
The petitioner states that the legatee of Ext.P1 Will
No.70/Ill/2024 dated 09.05.2024 registered with Kozhenchery
S.R.O, Pathanamthitta District executed by the deceased P.V
George was the borrower of the 5 th respondent-Bank. The
testator of the Will took shelter with the petitioner as his
nearest friend and relative during the last days of his life. The
petitioner came to know that a portion of the property
bequeathed under Ext.P1 Will extending 9.92 Ares of land in
Resurvey No.57/5-1 (Old Survey No. 23/10-2) of Cherukole
Village, Ranny Taluk, Pathanamthitta District has been
mortgaged to the 5th respondent-Bank as security for a loan of
₹10,00,000/- availed by the deceased borrower in 2016.
2. The testator of Ext.P1 Will passed away on
20.03.2025 without leaving legal heirs. On the demise of the
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testator, Ext.P1 Will came into force and the petitioner is
vested with the right, title and interest over the property
consisting of 23.28 Ares of land comprised in Re Survey
No.57/5 and 9.92 Ares of land in Resurvey No.57/5-1 (Old
Survey No. 23/10-2) of Cherukole Village, Ranny Taluk,
Pathanamthitta District as per Ext.P1 Will. On the basis of
Ext.P1 Will, the petitioner has approached the 7 th respondent-
Village Officer to obtain mutation of the said property in her
favour.
3. If a person dies without a Will (intestate), the
distribution of their property is governed by the relevant
succession law. It is a clear case where the borrower, who is a
Christian by Religion, died after executing a Will, contends the
petitioner. The term "Will" is defined under Section 2(h) of the
Indian Succession Act, 1925. In the case of testamentary
succession, the legatee of the Will has vested with the equal
rights of the testator on the demise of the testator. However,
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the 7th respondent is reluctant to change the mutation of the
property in revenue records on the basis of Ext.P1 will.
4. Pursuant to Ext.P1 Will, the petitioner has
submitted Ext.P15 request for settlement of the loan liability of
the deceased borrower with the 5th respondent-Bank as part of
the property bequeathed to her was mortgaged to the Bank.
On 24.04.2025, respondents 5 and 6 made a wrongful attempt
to evict the petitioner from the property by force. Immediately,
the petitioner requested respondents 3 and 4 to provide
protection to her life and property. Thereafter, respondents 5
and 6 repeated the wrongful attempt on 22.06.2025 and
trespassed into the house of the deceased borrower and
threatened the petitioner that she would be evicted by force
and tried to harm her body and modesty.
5. On the request of the petitioner's son, the 3 rd
respondent came to the site and asked the petitioner to submit
a complaint to the police on the same day. When the petitioner
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reached the Police Station at Ranny, she was threatened by
the 3rd respondent in the presence of respondents 5 and 6 that
she would be arrested for breaking open the key of the house,
if she lodged any complaint against respondents 5 and 6.
Therefore, the 3rd respondent was reluctant to register a crime
against respondents 5 and 6. Respondents 5 and 6 lack
authority to evict the petitioner from the property bequeathed to
her by the deceased by a Will in accordance with law. The
petitioner was forced to approach this Court seeking justice
and filed W.P(C)No.22049/2025 against respondents 5 and 6
challenging the sale of the property covered under Ext.P1 Will.
6. Respondents 5 and 6 are taking law in to their
hands without adhering to the procedure established by law,
contends the petitioner. They did not give proper notice to the
petitioner or legal representative of the deceased before
initiating the sale of the property which belonged to the
deceased borrower. Due to the illegal act and wrongful attempt
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of trespass to the property by respondents 5 and 6, the
fundamental rights of the petitioner were infringed and her
peaceful enjoyment of the property covered under Ext.P1 Will
has been deliberately curtailed, contends the petitioner.
7. I have heard the learned Counsel for the
petitioner and the learned Government Pleader representing
respondents 1 to 4, 7 and 8.
8. The contention of the petitioner is that she is
the legatee of a Will and therefore, she is entitled to the
possession of the property. The property was admittedly
mortgaged to the 5th respondent-Bank. The petitioner states
that the 5th respondent-Bank has forcefully taken possession of
the building and has thus prevented the petitioner from
enjoying her property peacefully. Though the petitioner filed
complaints before the police, the police have not given
assistance for the peaceful enjoyment of the petitioner's
property.
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9. The petitioner would submit that the act of the
respondents is biased and prejudiced. The borrower had
expired on 20.03.2025. The 5th respondent-Bank lacks
authority to initiate recovery action without taking steps against
the legal representatives of the owner.
10. It is to be noted that the petitioner is claiming
the possession of a property on the basis of a Will. Admittedly,
there was a prior mortgage. The Bank has taken possession of
the building. In such circumstances, since these are admittedly
disputes of a civil nature regarding the debt owed by the owner
of the property, a police protection order cannot be granted.
The remedy of the petitioner is elsewhere.
The writ petition is hence dismissed.
Sd/-
N. NAGARESH
JUDGE
ams
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APPENDIX OF WP(C) 31801/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF REGISTERED WILL NO.
70/III/2024 DATED 09.05.2024 OF
KOZHENCHERY S.R.O, PATHANAMTHITTA
DISTRICT
Exhibit P2 THE TRUE COPY OF THE DEATH CERTIFICATE
DATED 08.04.2025 ISSUED BY THE
REGISTRAR OF BIRTHS &
S, CHERUKOLE GRAMA PANCHAYATH
Exhibit P3 THE TRUE COPY OF THE REQUEST DATED
16.08.2025 SUBMITTED TO THE 8TH
RESPONDENT
Exhibit P4 THE TRUE COPY OF SALE DEED NO. 214/1996
DATED 14.02.1996 OF KOZHENCHERY SRO
Exhibit P5 THE TRUE COPY OF THE NOTICE NO.
1323/22-23/ AR 8620 DATED NIL TOGETHER
WITH ANNEXURE OF DRAFT NOTIFICATION
ISSUED BY THE 5TH RESPONDENT BANK
Exhibit P6 THE TRUE COPY OF THE NOTICE NO. 470/23-
24/ AR 8620 DATED NIL TOGETHER WITH
ANNEXURE OF DRAFT NOTIFICATION ISSUED
BY THE 5TH RESPONDENT BANK
Exhibit P7 THE TRUE COPY OF THE JUDGMENT DATED
29.12.2023 IN WP (C) NO 44299/2023
Exhibit P8 THE TRUE COPY OF THE JUDGMENT DATED
Exhibit P9 THE TRUE COPY OF NOTICE DATED
14.11.2024 ISSUED BY THE 6TH RESPONDENT
Exhibit P10 THE TRUE COPY OF THE LAND TAX RECEIPT
DATED 17.11.2022 ISSUED BY THE VILLAGE
OFFICER
Exhibit P11 THE TRUE COPY OF THE BUILDING TAX
RECEIPT NO.1240102245/G030404 DATED
14.02.2025 ISSUED BY THE GRAMA
PANCHAYATH
Exhibit P12 THE TRUE COPY OF THE INTERIM STAY ORDER
DATED 10.01.2025 IN WP(C) NO.1127/2025
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Exhibit P13 THE TRUE COPY OF THE JUDGMENT DATED
01.07.2025 IN WP(C) NO.1127/2025
Exhibit P14 THE TRUE COPY OF THE BANNER DISPLAYED
BY THE RESPONDENTS 5 & 6 IN FRONT OF
THE GATE OF THE PROPERTY
Exhibit P15 THE TRUE COPY OF THE LETTER DATED
05.06.2025 ADDRESSED TO THE 5TH
RESPONDENT BANK
Exhibit P16 THE TRUE COPY OF THE REQUEST NO.
878004/25 DATED 25.04.2025 TOGETHER
WITH RECEIPT SUBMITTED TO THE 4TH
RESPONDENT
Exhibit P17 THE TRUE COPY OF THE REPLY NO.
RDOTVL/756/2025/C1 DATED 12.05.2025
ISSUED BY THE 4TH RESPONDENT
Exhibit P18 THE TRUE COPY OF THE COMPLAINT DATED
19.08.2025 SUBMITTED TO THE 2ND
RESPONDENT
