Disposed

Anu Byju v. the Village Officer

Kerala HC16 Oct 2023WP(C)/24380/2023

Case brief

AI extract

What is this about?

Petitioner sought mutation of her late husband’s mortgaged property. Court directed her to file a mutation application within two weeks; respondent must then consider it, adhere to Joykutty Thomas, and hear interested parties before deciding.

What did the court decide?

Direction to petitioner to file mutation application within two weeks; respondent to consider it after hearing interested parties.

Anu Byju Vs the Village Officer — Property and Title | Kerala HC (2023)

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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 MURALI PURUSHOTHAMAN

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MONDAY, THE 16^TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945

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WP(C) NO. 24380 OF 2023

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PETITIONER:

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ANU BYJU, AGED 53 YEARS W/O. LATE BYJU, RESIDING AT PANACKAL HOUSE, KOLLAMPARAMBIL LANE, DESHABHIMANI ROAD, KALOOR - 682017

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BY ADVS. G.HARIHARAN PRAVEEN.H. K.S.SMITHA V.R.SANJEEV KUMAR BIJOY SAM GEORGE

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RESPONDENTS:

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1 THE VILLAGE OFFICER ERNAKULAM VILLAGE OFFICE, NEAR DISTRICT COURT, ERNAKULAM DISTRICT, PIN - 682011

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2 THE TAHSILDAR KANAYANNUR TALUK, TALUK OFFICE, NEAR DISTRICT COURT, ERNAKULAM DISTRICT, PIN – 682011 R BY SR.GP ADV.BIMAL K.NATH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 24380 OF 2023 : 2 :

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JUDGMENT

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The petitioner's late husband had purchased

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certain extent of property as per document No.3471/2015 of SRO Ernakulam. The petitioner's husband died on 22.10.2022. According to the petitioner, though she had approached the 1^st respondent for mutation of the aforesaid property pursuant thereto, the 1^st respondent refused to effect transfer of registry on the ground that there is an outstanding loan, which was availed by her husband from the Kerala State Financial Enterprises Limited, by mortgaging the property. The learned counsel for the petitioner submits that even though the property is mortgaged to K.S.F.E, the 1^st respondent is bound to effect mutation unless there is specific interdiction against mutation by any competent court. The limited

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WP(C) NO. 24380 OF 2023 : 3 :

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relief sought for by the petitioner is for a direction to the 1^st respondent to accept basic tax of the property mentioned in Ext.P3 after effecting mutation in the name of the petitioner and her son.

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

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The learned Government Pleader submits that the petitioner has not produced any materials to show that the application for mutation has been filed before the 1^st respondent.

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The learned counsel for the petitioner submits that the petitioner will file necessary application for mutation before the 1^st respondent.

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In the said circumstances, there will be a direction to the petitioner to submit necessary application for mutation before the 1^st respondent,

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WP(C) NO. 24380 OF 2023 : 4 :

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within a period of two weeks from the date of receipt of a copy of this judgment. If such an application is received, the 1^st respondent shall consider the same in accordance with law and also taking note of the decision of this Court reported in Joykutty Thomas v. Village Officer, Pattuzhi South and Others [2009 (3) KLT 914]. Before a decision is taken, the petitioner, the K.S.F.E and any other interested person shall be heard by the 1^st respondent.

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The writ petition is disposed of as above.

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Sd/MURALI PURUSHOTHAMAN JUDGE

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WP(C) NO. 24380 OF 2023 : 5 :

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APPENDIX

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PETITIONER EXHIBITS

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Exhibit P1 A TRUE COPY OF THE BIRTH AND DEATH CERTIFICATE DATED 22.10.2022 ISSUED BY THE ISSUED BY THE HEALTH INSPECTOR, GRADE-I (REGISTRAR OF BIRTH AND DEATH) MARADU MUNICIPALITY

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Exhibit P2 A TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE NO.78455316 DATED 09.06.2023 ISSUED BY THE 2ND RESPONDENT CERTIFYING THE NAME OF THE PETITIONER AND HER SON AS THE LEGAL HEIRS AND LATE BYJU.P.JOSE

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Exhibit P3 A TRUE COPY OF THE BASIC TAX RECEIPT NO.5792694 DATED 30.10.2015 ISSUED BY THE 1ST RESPONDENT IN THE NAME OF THE PETITIONER'S HUSBAND BYJU.P.JOSE RELATING TO THE PROPERTIES MENTIONED ABOVE

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Exhibit P4 TRUE COPY OF THE POSSESSION CERTIFICATE RELATING TO THE LAND MENTIONED ABOVE ISSUED ON 23.03.2016 BY THE 1ST RESPONDENT IN THE NAME OF BYJU.P.JOSE

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Exhibit P5 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE RELATING TO THE PROPERTIES MENTIONED IN EXHIBIT.P3 ISSUED ON 10.02.2016 BY THE SUB REGISTRAR, ERNAKULAM

Anu Byju v. the Village Officer

Case brief

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Anu Byju v. the Village Officer

Case brief

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