Petitioner seeking mutation of property based on Will. Court directs Village Officer to garner details of legal heirs, allow representations from all parties, and pass appropriate orders within six weeks.
Directed the second respondent to ascertain details of legal heirs and pass appropriate orders after a hearing within six weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON
TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933
WP(C).No. 5732 of 2011(N)
PETITIONER:
SARAMMA MATHEW, W/O.ABRAHAM MATHEW, ODIKKANDATHIL HOUSE, KURIANNOOR P.O.,
THIRUVALLA.
BY ADVS. SRI.PHILIP T.VARGHESE
SMT.V.T.LITHA
SMT.AFSANA ASHRAF
SMT.T.M.BINITHA
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LAND REVENUE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM.
2. THE VILLAGE OFFICER, KOIPURAM.
R1 & R2 BY GOVT. PLEADER SRI. JAIBY PAUL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.5732/2011
-2-
APPENDIX
PETITIONER'S EXHIBITS
| EXT.P1 – | TRUE COPY OF THE DEATH CERTIFICATE OF PETITIONER'S FATHER DATED 02-12-2002. |
|---|---|
| EXT.P2 – | TRUE COPY OF THE WILL DATED 22-12-2001 EXECUTED BY PETITIONER'S FATHER |
| EXT.P3 – | TRUE COPY OF THE APPLICATION FOR MUTATION DATED 08-11-2010 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT |
| EXT.P4 – | TRUE COPY OF THE AFFIDAVIT OF THE PETITIONER DATED 9-112010 |
| EXT.P5 – | TRUE COPY OF THE AFFIDAVIT OF THE ATTESTING WITNESS DATED 11-11-2010 |
| EXT.P6 – | TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 02-12-2010 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. |
| EXT.P7 – | TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 18-01-2011 ISSUED TO THE PETITIONER. |
RESPONDENTS EXHIBITS
NIL
//TRUE COPY//
P.A. TO JUDGE
AMG
P.R.RAMACHANDRA MENON, J
W.P.(C) No.5732 OF 2011
Dated this the 29th day of March 2011
JUDGMENT
The grievance of the petitioner is that in spite of approaching the 2nd respondent by filing Ext.P3 application for effecting mutation in respect of the property in the name of the petitioner, the same has not been positively dealt with, which made the petitioner to approach this Court by filing this Writ Petition.
W.P.(C) No. 5732/2011 - 2 -
Writ Petition is disposed of.
P.R.RAMACHANDRA MENON JUDGE
vdv
2 issues framed by the court
Whether the Village Officer is directed to effect mutation in the name of the legatee pending notice to legal heirs.
Whether registration of a Will is mandatory for registration of mutation entries.
SARAMMA MATHEW
STATE OF KERALA
THE VILLAGE OFFICER, KOIPURAM
P.R. RAMACHANDRA MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
