Allowed

Anil Vasu v. the Village Officer

Kerala HC12 Jul 2024WP(C)/27962/2022

Case brief

AI extract

What is this about?

The petitioner sought direction for mutation of land bequeathed by will. The request was pending due to a survey number error in the Will. The Court directed the 2nd respondent (Tahsildar) to take up the mutation request, issue notice to legal heirs, and pass appropriate orders within three months.

What did the court decide?

Direction to the 2nd respondent to take up Ext.P5 request, issue notice to legal heirs, and pass appropriate orders within 3 months.

Anil Vasu Vs the Village Officer — Land Acquisition | 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 BASANT BALAJI

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FRIDAY, THE 12^TH DAY OF JULY 2024 / 21ST ASHADHA, 1946 WP(C) NO. 27962 OF 2022

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PETITIONERS:

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1 ANIL VASU AGED 44 YEARS, S/O VASU KANARAN, RESIDING AT FLAT NO: FF-32, B- BLOCK, SOWPARNIKA SANVI APARTMENTS, VIJAYANAGAR, KARNATAKA WHITEFIELD, BNAGALORE NORTH, KARNATAKA, PIN – 560 066.

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2 ADDL.P2. SMITHA T.M, W/O LATE ANIL VASU, AGED 45 YEARS, FLAT NO. A2 FIRST FLOOR, P.R RESIDENCY, RASTUMJI LAYOUT, WHITE FIELD, BANGALORE -560066.**

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3 ADDL.P3. ADITH ANIL (MINOR), S/O LATE ANIL VASU, AGED 11 YEARS, FLAT NO. A2 FIRST FLOOR, P.R RESIDENCY, RASTUMJI LAYOUT WHITE FIELD, BANGALORE-560066, REPRESENTED BY HIS MOTHER SMITHA T.M.

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[ ADDL.P2 AND P3 ARE IMPLEADED AS PER ORDER DATED 11.07.2024 IN I.A-1/2024 IN WP(C) 27962/2022]**

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BY ADVS.

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ABDUL RAOOF PALLIPATH E.MOHAMMED SHAFI PRAJIT RATNAKARAN

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RESPONDENTS:

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1 THE VILLAGE OFFICER THRIPRANGOTTUR VILLAGE, THRIPRANGOTTUR P.O, THALASSERY, KANNUR, PIN – 670 101.

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WP(C) NO.27962 OF 2022

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2 THE THASILDAR - THALASSERY THALUK OFFICE - THALASSERY, THALASSERY .P.O, KANNUR, PIN – 670 101.

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

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BY ADV

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SRI. RIYAL DEVASSY-GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12.07.2024, THE COURT ON THE SAME DAY DELIVERED THE

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FOLLOWING:

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WP(C) NO.27962 OF 2022

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JUDGMENT

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(Dated this the 12^th day of July, 2024)

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The petitioner's mother Smt. Sharada executed a Will on 21.03.2018 which was registered in Sub Registrar Office, Shivaji Nagar (Mahadevapura) - Bangalore as Document No.77/2017-18 in Book No.3. As per the said Will, 8 Ares 80 Square Meters of land situated in Thalassery Taluk, was bequeathed to the petitioner. However, a mistake had crept in regarding the survey number in the Will. In Ext.P1 Will, the survey number of the property is shown as “Survey No.12/1” situated in Thalassery Taluk. But, the correct survey number as per Ext.P2 is “12/127 (Old Sy.No.12/2C)” having an extent of 8.80 Ares of property.

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When the petitioner went to mutate the property, the respondents objected the same stating that, the survey number differs and the mutation cannot be effected. Therefore, the petitioner filed Ext.P5 request before the Village Officer as well as the Tahsildar with a request to

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WP(C) NO.27962 OF 2022

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mutate the property in his name. The request was filed on 17.01.2022 and it is still pending without any orders. Therefore, the petitioner submits that the 2^nd respondent may be directed to dispose of Ext.P5 request, within a time frame.

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Heard learned counsel for the petitioner as well as the learned Government Pleader.

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Taking into consideration of the limited prayer sought by the petitioner, I deem it appropriate to direct the 2^nd respondent to take up Ext.P5 request, issue notice to the legal heirs of Smt. Sharada and pass appropriate orders in accordance with law, within a period of 3 months from the date of receipt of a copy of this Judgment.

Sd/-

BASANT BALAJI,

JUDGE

S.M.K.

WP(C) NO.27962 OF 2022

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APPENDIX OF WP(C) 27962/2022

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PETITIONER'S EXHIBITS

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Exhibit P1 THE TRUE COPY OF THE WILL DATED 21.03.2018 EXECUTED BY SMT. SHARADA

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Exhibit P2 THE TRUE COPY OF THE BASIC TAX RECEIPT OF 8 ARES 80 SQUARE METERS IN RE SURVEY NO: 12/127 (OLD SURVEY NO: 12/2C) OF THRIPRANGOTTUR VILLAGE DATED 4/4/2022

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Exhibit P3 THE TRUE COPY OF THE DEATH CERTIFICATE NO: BBMP: 1156006 DATED 05.10.2020 ISSUED BY THE CHIEF REGISTRAR OF BIRTHS AND DEATHS

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Exhibit P4 THE TRUE COPY OF THE APPLICATION DATED 15.11.2021 SUBMITTED BY THE PETITIONER BEFORE THE VILLAGE OFFICER – THRIPRANGOTTUR

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Exhibit P5 THE TRUE COPY OF THE REQUEST DATED 17.01.2022 SUBMITTED BY THE PETITIONER

Anil Vasu v. the Village Officer

Case brief

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What did the court decide?

Anil Vasu v. the Village Officer

Case brief

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