Disposed

Vishin C Wilson v. the State of Kerala

Kerala HC9 Oct 2023WP(C)/24218/2023

Case brief

AI extract

What is this about?

In a writ petition challenging the refusal to mutate property rights, the petitioner claimed mistaken identity regarding a pending distress warrant. The court directed the Tahsildar to proceed with mutation verification within six weeks, considering heirship certificates and submitted identity documents, and disposed of the petition.

What did the court decide?

Directed the Tahsildar to take mutation application to a logical conclusion by verifying identity within six weeks, considering Legate heirship certificate and petitioner's documents.

Vishin C Wilson Vs the State of Kerala — Property and Title | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

¶4

MONDAY, THE 9TH DAY OF OCTOBER 2023 / 17TH ASWINA, 1945
WP(C) NO. 24218 OF 2023

¶5

PETITIONER/S:

¶6

VISHIN C WILSON
AGED 40 YEARS
S/O LATE C.I WILSON, 8B, LINK HERITAGE, CHITTOORROAD,
KACHERIPADY, ERNAKULAM, PIN - 682018
BY ADVS.
JOY GEORGE
PRAICY JOSEPH
TANYA JOY

¶7

RESPONDENT/S:

¶8

1THE STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001

¶9

2 THE TAHSILDAR OFFICE OF THE TAHSILDAR KANAYANNOOR TALUK, ERNAKULAM DISTRICT., PIN - 682011

¶10

3 THE VILLAGE OFFICER CHERANALLOOR VILLAGE OFFICE, CHITTOOR, PIN - 682027

¶11

OTHER PRESENT:

¶12

SRI.BIMAL K NATH (SR.GP)

¶13

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

W.P(C).No.24218 of 2023

¶15

¶16

J U D G M E N T

¶17

Dated this the 09^th day of October, 2023

¶18

The petitioner’s father, late C.Wilson, was the

¶19

absolute owner in possession of the property covered by
Ext.P3 title deed. After his death, the petitioner,
along with other legal heirs, submitted an application
for mutation of the said property. Ext.P4 is the
publication made by the Village Officer in this regard.
However, the 2ndrespondent has refused to effect
mutation vide Ext.P5 stating that there is a distress
warrant pending in the name of one Mr. Vibin C. Wilson,
S/o. Late C. Wilson, Cheruvathur House, Samithi Road,
Vaduthala. The petitioner submits that no distress
warrant is pending as against him and the application
for mutation cannot be rejected on the ground stated in
Ext.P5.

¶20

2.Heard the learned counsel for the petitioner
and the learned Government Pleader for the respondents.

¶21

3. According to the petitioner, no distress warrant
is pending against him and he has no connection
whatsoever with the person referred to in Ext.P5 and
Ext.P5 has been issued on a mistaken identity.

¶22

W.P(C).No.24218 of 2023

¶23

¶24

4.There will be a direction to the second

¶25

respondent to take the application of the petitioner for
mutation to a logical conclusion after verifying the
identity of the petitioner within a period of six weeks
from the date of receipt of copy of this judgment.

¶26

The second respondent shall consider Ext.P2 legal
heirship certificate and any other documents submitted
by the petitioner to prove his identity.

¶27

Writ petition is disposed of.

¶28

Sd/-

¶29

MURALI PURUSHOTHAMAN JUDGE

¶30

SM

¶31

W.P(C).No.24218 of 2023

¶32

¶33

APPENDIX OF WP(C) 24218/2023

¶34

PETITIONER EXHIBITS
Exhibit. P1THE TRUE COPY OF THE DEATH CERTIFICATE OF THE
PETITIONER'S FATHER C.I WILSON ISSUED BY THE
CORPORATION OF KOCHI DATED 25.10.2012
Exhibit. P2THE TRUE COPY OF THE LEGAL HEIRSHIP
CERTIFICATE DATED 30.09.2013 ISSUED BY THE
2ND RESPONDENT IN RESPECT OF THE DECEASED
Exhibit. P3THE TRUE COPY OF THE TITLE DEED NO. 7827/07
OF ERNAKULAM S.R.O IN FAVOUR OF THE
PETITIONER'S FATHER LATE C.I WILSON
Exhibit. P4THE TRUE COPY OF THE PUBLICATION NO.
799/2022(2) DATED 20.08.22 PUBLISHED BY THE
VILLAGE OFFICER, THE 3RD RESPONDENT
Exhibit. P5(4) THE TRUE COPY OF THE COMMUNICATION NO. A1
18706/2019 DATED 22.06.2022 ISSUED BY THE 2ND
RESPONDENT
Exhibit. P6THE TRUE COPY OF THE REGISTERED LETTER DATED
23.06.2023 ADDRESSED TO THE 2ND RESPONDENT
WITH A COPY TO THE 3RD RESPONDENT

¶35

 RESPONDENTS EXHIBITS : NIL

¶36

 //TRUE COPY// PA TO JUDGE

Vishin C Wilson v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Vishin C Wilson v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Abdul Kareem Vs the District Collector

Kurungodan Lakshmi Amma Vs the District Collector, Kannur

Sheena Jojo Vellukunnel Vs the Land Revenue Commissioner

Ramesan P.T., Vs the Village Officer

Johny Vs the National Highway Authority of India

Sharafudeen Vs the Revenue Divisional Officer