Remanded

T.C.Mathew v. State of Kerala

Kerala HC13 Jul 2021WP(C)/5977/2021

Case brief

AI extract

What is this about?

This writ petition sought a direction for the revenue authorities to process a mutation application filed by the petitioners, who represent the inheriting successors of the recorded landholder. The court directed the authorities to finalize the mutation within two months.

What did the court decide?

Direction to respondents 2 and 3 to finalize the mutation application (Ext.P6) within two months from the date of producing this judgment.

T.C.Mathew Vs State of Kerala — Landlord and Tenant | Kerala HC (2021)

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WP(C) NO. 5977 OF 2021

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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TUESDAY, THE 13^TH DAY OF JULY 2021 / 22ND ASHADHA, 1943

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WP(C) NO. 5977 OF 2021

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PETITIONERS:

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1 T.C.MATHEW AGED 66 YEARS S/O. LATE T.M.CHERU, THOLATH HOUSE, NEAR MISSION SCHOOL, THEKKUMBHAGAM, TRIPUNITHURA, KANAYANNUR TALUK, ERNAKULAM DISTRICT.

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2 JOJO CHERU AGED 56 YEARS S/O. LATE T.M. CHERU, THOLATH HOUSE, NEAR MISSION SCHOOL, THEKKUMBHAGAM, TRIPUNITHURA.

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3 JOHNSON CHERU AGED 49 YEARS S/O. LATE T.M.CHERU, THOLATH HOUSE, NADAMA VILLAGE, TRIPUNITHURA, KANAYANNUR TALUK, ERNAKULAM DISTRICT.

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BY ADV VARGHESE C.KURIAKOSE

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, TRIVANDRUM-695 001.

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2 THE TAHASILDAR KANAYANNUR TALUK, TALUK OFFICE, PARK AVE, NEAR SUBHASH PARK, ERNAKULAM DISTRICT, KOCHI-682 011.

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3 THE VILLAGE OFFICER VILLAGE OFFICE, NADAMA VILLAGE, POST OFFICE ROAD, THRIPPUNITHURA, ERNAKULAM, KERALA-682 301.

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SMT K AMMINIKUTTY, SR GOVERNMENT PLEADER

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WP(C) NO. 5977 OF 2021 2

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 5977 OF 2021

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JUDGMENT

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The petitioners herein are direct brothers. They are the sons of late T.M.Cheru and Smt. Kunjamma Cheru. T.M. Cheru had passed away on 27.8.1997 and his wife Kunjamma had passed away on 26.6.2005.

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A property having an extent of 6.5 cents comprised in Sy. No. 1163/2 originally belonged to late Sri. Mathai, the grandfather of the petitioners. After the death of Sri. Mathai and his wife, a suit for partition as O.S.No. 372 of 1986 was instituted by Poulose, one of the sons of Sri. Mathai. One of the three defendants in the suit was Sri.Cheru. The trial court decreed the suit and the same was reversed by a learned Single Judge of this Court. An intra court appeal was preferred and by Ext.P2 judgment, the appeal was dismissed. The right, title and interest over the property thus became vested with Cheru.

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The petitioners contend that Ext.P3 Will was executed by Cheru in favour of the petitioners and as per the stipulation in the Will, the property which is the subject matter of the suit was bequeathed in favour of the petitioners. After the death of Cheru and his wife, the petitioners became the absolute owners. However, they found that, in the BTR, the name of their grandfather has been mentioned as the landholder. With a view to effect transfer of registry in their favour, the petitioners submitted Ext.P6 application

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WP(C) NO. 5977 OF 2021

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before the respondents 2 and 3. Their grievance is that no action has been taken. It is in the afore circumstances that the petitioners are before this Court seeking a direction to the respondents 2 and 3 to forthwith take up Ext.P6 and effect mutation in respect of the property covered under Exts.P1 and P2 judgments and in the light of Ext.P3.

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I have heard Sri. Varghese C. Kuriakose, the learned counsel

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appearing for the petitioners and Smt. K. Amminikutty, the learned Government Pleader.

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5. Having regard to the facts and circumstances and the submissions

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made across the bar, this writ petition is disposed of directing the competent among respondents 2 and 3 to take up Ext.P6 application filed by the petitioners and finalize the same taking note of Exts.P1 to P3. Orders shall be passed expeditiously, with notice to the petitioners as well as affected parties, if any, in any event, within a period of two months from the date of production of a copy of this judgment.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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WP(C) NO. 5977 OF 2021

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APPENDIX OF WP(C) 5977/2021

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE PHOTOSTAT COPY OF THE JUDGMENT DATED 25.6.97 IN A.S.NO.4/1991 OF THIS HON'BLE COURT.
EXHIBIT P2	TRUE PHOTOSTAT COY OF THE JUDGMENT DATED 26.8.2016 IN A.F.A. NO.32/98 OF THIS HON'BLE COURT.
EXHIBIT P3	TRUE PHOTOSTAT COPY OF THE WILL DEED NO.120/97 SRO TRIPUNITHURA DATED 10.7.1997.
EXHIBIT P4	TRUE PHOTOSTAT COPY OF THE DEATH CERTIFICATE OF CHERU DATED 18.12.97 ISSUED BY HEALTH INSPECTOR
EXHIBIT P5	TRUE PHOTOSTAT COPY OF THE DEATH CERTIFICATE OF THE MOTHER OF THE PETITIONERS ISSUED BY ST.MARY'S JACOBITE SYRIAN CHURCH DATED 25.2.2021.
EXHIBIT P6	TRUE PHOTOSTAT COPY OF THE APPLICATION DATED 12.6.2019 SUBMITTED BEFORE 2ND AND 3RD RESPONDENTS.
EXHIBIT P7	TRUE PHOTOSTAT COPY OF THE REGISTRATION SLIPS DATED 26.6.2019.
EXHIBIT P8	TRUE PHOTOSTAT COPY OF THE ACKNOWLEDGMENT CARD SIGNED BY THE 2ND RESPONDENT ON 27.6.2019.
EXHIBIT P9	TRUE PHOTOSTAT COPY OF THE ACKNOWLEDGMENT CARD SIGNED BY THE 3RD RESPONDENT ON 27.6.2019.

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RESPONDENTS' EXHIBITS: NIL

T.C.Mathew v. State of Kerala

Case brief

What is this about?

What did the court decide?

T.C.Mathew v. State of Kerala

Case brief

What is this about?

What did the court decide?

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