Disposed

Anjali Philip @ Anjali Anna Philip v. the Village Officer

Kerala HC20 May 2024WP(C)/12197/2024

Case brief

AI extract

What is this about?

Writ petition concerning delay in mutation of 2.86 acres of land covered by an unregistered Will, with mutation proceedings pending before the Village Officer despite compliance with directions to produce witnesses and affidavits. The court directed the Village Officer to finalise the proceedings within one month.

What did the court decide?

Village Officer directed to finalise mutation proceedings on Ext.P1 Will covering 2.86 acres within one month.

Anjali Philip @ Anjali Anna Philip Vs the Village Officer — Property and Title | Kerala HC (2024)

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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 C. JAYACHANDRAN

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MONDAY, THE 20^TH DAY OF MAY 2024/30TH VAISAKHA, 1946

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WP(C) NO.12197 OF 2024

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PETITIONER:

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ANJALI PHILIP @ ANJALI ANNA PHILIP, AGED 37 YEARS, D/O.PHILIP SAMUEL, HOUSE NO.4B, WEST CLIFF, GENERALS ROAD, PAYYAMBALAM, KANNUR, PIN – 670001.

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BY ADVS. ABDUL RAOOF PALLIPATH K.R.AVINASH (KUNNATH) E.MOHAMMED SHAFI PRAJIT RATNAKARAN

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RESPONDENTS:

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1 THE VILLAGE OFFICER, KUTTIYERI VILLAGE, VELLAVU, KUTTIYERI, PIN – 670141.

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2 THE STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, TRIVNDRUM, PIN – 695001.

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BY ADV. SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C) No.12197 of 2024

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JUDGMENT

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Dated, this the 20^th May, 2024

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The grievance espoused by the petitioner is one concerning mutation of land having an extent of 2.86 acres, covered by Ext.P1 unregistered Will dated 20.03.1998.

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2. The petitioner would contend that, although

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mutation in respect of the said property has been sought for before the 1^st respondent, the proceedings have not been finalised yet. The petitioner was first directed by the 1^st respondent/Village Officer to produce the witnesses to the Will, which direction has been complied with. Thereafter, the 1^st respondent/Village Officer directed the petitioner to produce affidavits by all the legal heirs in token of acceptance of the Will, which course, according to the learned counsel for the petitioner, is illegal and without authority or jurisdiction. The Village Officer concerned is not competent or

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W.P(C) No.12197 of 2024

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empowered to conduct a roving enquiry into the so called validity of the Will, for the sole purpose of effecting a mutation and that mutation of the property confers no title, as well, is the final submission.

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3. Without entering into the merits of the matter, this Writ Petition is disposed of, directing the 1^st respondent Village Officer to finalise the proceedings, wherein the petitioner had sought for mutation of her property having an extent of 2.86 acres of land covered by Ext.P1 Will, within a period of one month from today (20.05.2024). The above referred legal contention with respect to the limited power/jurisdiction of the Village Officer in

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the matter of mutation shall also be borne in mind and properly addressed by the Village Officer, while taking a call in the proceedings.

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Sd/-

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C.JAYACHANDRAN, JUDGE

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W.P(C) No.12197 of 2024

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APPENDIX OF WP(C) 12197/2024

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE UNREGISTERED WILL DATED 20.3.1998. EXHIBIT P2 A TRUE COPY OF THE LAND TAX RECEIPT OF 3.88 ACRES WAS GIVEN TO HER GRANDSONS ASWIN SAMUEL PHILIP DATED 14.02.2024 ISSUED BY THE VILLAGE OFFICER CHUZHALI. EXHIBIT P3 A TRUE COPY OF THE LAND TAX RECEIPT OF 0.89 ACRES GIVEN TO THE JACOB P.KAVIL DATED 14.02.2024 ISSUED BY THE VILLAGE OFFICER CHUZHALI. EXHIBIT P4 A TRUE COPY OF THE PETITION FILED BY PETITIONER DATED 08.01.2024. EXHIBIT P5 A TRUE COPY OF THE NOTICE DATED 15.01.2024. EXHIBIT P6 A TRUE COPY OF THE NOTICE DATED 04.03.2024.

Anjali Philip @ Anjali Anna Philip v. the Village Officer

Case brief

What is this about?

What did the court decide?

Anjali Philip @ Anjali Anna Philip v. the Village Officer

Case brief

What is this about?

What did the court decide?

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