Writ petition filed by a widow seeking mutation of her late husband's properties pursuant to his will. The court directed mutation and acceptance of land tax upon compliance with procedural requirements within two months.
Direction to grant mutation and accept land tax within two months upon filing proper application and documents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY,THE 04TH DAY OF DECEMBER 2018 / 13TH AGRAHAYANA, 1940
WP(C).No. 9562 of 2014
PETITIONER:
PAULY GEORGE
AGED 66 YEARS W/O. GEORGE, PARAKKA HOUSE, EZHATTUMUGHAM, KARUKUTTY, ANGAMALLY, ERNAKULAM.
BY ADVS. SRI.S.RENJITH SRI.S.UNNIKRISHNAN (NELLAD)
RESPONDENTS:
1 THE TAHASILDAR, ALUVA TALUK TALUK OFFICE, ALUVA, ERNAKULAM DISTRICT-683501.
2 THE VILLAGE OFFICER MANJAPPRA VILLAGE, MANJAPPRA, KALADY, ERNAKULAM DISTRICT-683581.
SRI.SAIGI JACOB PALATTY,SR.GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C)No.9562 of 2014
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ALEXANDER THOMAS, J.
=============================
W.P(C)No.9562 of 2014
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Dated this the 04th day of December, 2018
JUDGMENT
The prayers in the above Writ Petition
(Civil) are as follows:
And
iii) allow this Writ petition with cost.”
2. Heard Sri.S.Renjith, learned counsel
appearing for the petitioner and Sri.Saigi
Jacob Palatty, learned Sr.Government Pleader
appearing for the respondents.
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3. The petitioner is the wife of late.P.K.George, who died on 26.04.2005, whereby he has been left behind the petitioner (widow) and his three children born in that wedlock viz., Baji George, Bobby George & Smitha George as his sole surviving legal heirs. The petitioner’s husband was in absolute possession and ownership of various properties including the property having an extent of 43 cents in block No.1 in resurvey No.31/7/1 in survey No.649/1/30/12A of Karukutty Village and a residential building thereon. Late P.K.George had registered Ext.P-2 as his last Will dated 03.08.2004, in favour of the petitioner, stating that the residential building and property will stand devolved to the petitioner. It is further stated that execution of the said Will is known to the abovesaid children of the petitioner and
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they do not have any objection to the Will. The petitioner has preferred Ext.P-3
application dtded 18.02.2013 before the 2nd respondent, for mutation of the property and along with the said Will and she has also produced copy of the title deed and copy of the Will. The application was preferred on 18.02.2013 and in spite of the long lapse of time, no effective action is forthcoming from the respondents, on the request for mutation made in Ext.P-3 application. Petitioner submits that it will be ensured that affidavits of the abovesaid three children of the petitioner and late P.K. George will be filed within 3 weeks stating that they do not have any objection in granting mutation of the abovesaid property
covered by Ext.P-3 Will in favour of the petitioner as sought for in Ext.P-3 application.
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4. It is submitted by the learned
Government Pleader on instructions that on perusal of the records, it is seen that Ext.P-3 application is not seen received by the respondents, etc. If that be so, the
petitioner will ensure that a proper application as in Ext.P-3 is filed before the respondents, without any further delay, along with copy of the Will, copy of the title deed and the abovesaid affidavits.
5. It is ordered that on the petitioner filing such application along with affidavits and producing the abovesaid documents like the title deed, Will etc., the competent authority among the respondents will take up the request made by the petitioner for grant of mutation and after affording a reasonable opportunity of being heard to the petitioner will grant the said request, without much delay and accept
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basic land tax from the petitioner, if the abovesaid documents, if affidavits, etc., are found to be in order. After taking decision on the issue of mutation as aforestated, steps should also be taken for acceptance of land tax from the petitioner, without further delay. The entire process in this regard should be duly completed by the competent authority among the respondents 1 & 2, without much delay, preferably within a period of 2 months from the date of production of a certified copy of this judgment.
With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
vgd/04.12.18
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 COPY OF THE DEATH CERTIFICATE DATED 139-2005 ISSUED BY THE KARUKUTTY GRAMA PANCHAYAT OF THE PETITIONER HUSBAND GEORGE.P.K.
EXHIBIT P2 COPY OF THE WILL DATED 3-8-2004 EXECUTED BY THE PETITIONER HUSBAND GEORGE.P.K.
EXHIBIT P3 COPY OF THE APPLICATION DATED 18-2-2013 PREFERRED BY THE PETITIONER FOR MUTATION BEFORE THE 2ND RESPONDENT.
3 issues framed by the court
Whether to direct the respondents to grant mutation of property in favor of the petitioner upon receipt of the application and supporting documents.
Whether to direct the respondents to accept land tax from the petitioner after granting mutation.
Whether to complete the mutation and tax acceptance process within two months of filing the certified copy.
Pauly George
The Tahasildar, Aluva Taluk
The Village Officer Manjappra
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
