Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE20H DAY OF FEBRUARY20141ST PHALGUNA, 1935 WP(C).No. 24991 of 2013 (Y) ---------------------------------------- PETITIONER: ------------------- JAGANNATHAN, AGED41YEARS S/O.LATE K.K.DAMODARAN, KOCHUKALAMBATTUSSERIL, PULIYANMALA, VANDANMEDU, VANDANMEDU VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.VARGHESE C.KURIAKOSE RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP.BY SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, TRIVANDRUM-695 001.
2. THE ADDL. TAHASILDAR, UDUMBANCHOLA TALUK, TALUK OFFICE, IDUKKI DISTRICT-685 580.
3. THE VILLAGE OFFICER, VANDANMEDU VILLAGE, VILLAGE OFFICE, PULIYANMALA, IDUKKI DISTRICT-685 515.
4. JAYAN K.K., AGED39YEARS, S/O.LATE DAMODARAN, KOCHUKALAMBATTUSSERIL, PULIYANMALA, VANDANDEDU-685 515. R1 TO R3 BY SPL. GOVERNMENT PLEADER SMT.SUSHEELA.R.BHATT R4 BY ADV. SRI.A.C.DEVASIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON2002-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24991 of 2013 (Y) ---------------------------------------- APPENDIX ---------------- PETITIONER(S)' EXHIBITS: -------------------------------------- EXT.P1: TRUE PHOTOSTAT COPY OF LAND ASSIGNMENT PATTA NO.265 DATED1003/2001. EXT.P2: TRUE PHOTOSTAT COPY OF THE WILL DEED NO.8/2003 DATED1401/2003 OF KATTAPPANA SRO IN BOOK NO.III, EXECUTED BY SHRI.K.K.DAMODARAN. EXT.P3: TRUE PHOTOSTAT COPY OF DEATH CERTIFICATE DATED1004/2012 OF SHRI.K.K.DAMODARAN. EXT.P4: TRUE PHOTOSTAT COPY OF THE PLAINT IN O.S NO.307.2012 ON THE FILES OF MUNSIFF COURT, KATTAPPANA. EXT.P5: TRUE PHOTOSTAT COPY OF ORDER
DATED1412/2012 OF THE2D RESPONDENT. EXT.P6: TRUE PHOTOSTAT COPY OF APPLICATION DATED106/2013 SUBMITTED BY THE PETITIONER. EXT.P7: TRUE PHOTOSTAT COPY OF ACKNOWLEDGMENT CARDS SIGNED BY THE2D RESPONDENT. EXT.P8: TRUE PHOTOSTAT COPY OF ACKNOWLEDGMENT CARDS SIGNED BY THE3D RESPONDENT. RESPONDENT(S)' EXHIBITS: ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE. Msd. P.R. RAMACHANDRA MENON, J.
- - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.24991 of 2013 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of February, 2014
JUDGMENT
The petitioner has approached this Court with the following prayers: "issue writ order or direction in the nature of mandamus, or other appropriate writ calling for the records leading to Ext.P5 order and direct the 2nd and 3rd respondents or the concerned among them to forthwith effect mutation in respect of the A schedule property mentioned in Ext.P2 will which is 67.06 sq. meters comprised in Sy.No.1/14 of Vandanmedu village as applied for by the petitioner without insisting production of the original will deed which is in the possession of the 4th respondent and by accepting the certified copy of the same." 2. The case of the petitioner is that, by virtue of Ext.P2 'Will' executed by the deceased father of the petitioner, 'A' schedule was earmarked to be the share of the petitioner and 'B' schedule was assigned in favour of the fourth respondent, who is the brother of the petitioner. In connection with some civil dispute, O.S.No.307/2012 came to be filed before the Munsiff's Court, Kattappana as borne by Ext.P4 plaint and the matter is still pending. In the meanwhile, the petitioner has approached the Revenue authorities for effecting mutation in respect of the property W.P.(C)No.24991 of 2013 -2- by filing necessary application.
3. After considering the merits involved Ext.P5 order was passed by the second respondent on 14.12.2012 wherein a specific finding has been rendered that in so far as the 'Will' is not set aside or modified by a competent Court of law, the request made by the petitioner for effecting mutation can be acceded to. However a rider is seen placed in Ext.P5 to the effect that the original of the 'Will' has to be produced, which according to the petitioner stands in the custody of the fourth respondent and that the petitioner is having only a copy. The issue is protracted accordingly by the fourth respondent, who is enjoying himself by turn of events.
4. Though urgent notice on admission was ordered to the fourth respondent by speed post and the same stands served, no counter affidavit has been filed so far. There is no representation for the fourth respondent when the matter is taken up for consideration today.
5. After hearing the learned counsel for the petitioner and the learned Government Pleader appearing W.P.(C)No.24991 of 2013 -3- for respondents 1 to 3, this Court finds that the grievance of the petitioner is liable to be redressed by effecting mutation of the property concerned, more so in view of the positive observations made by the second respondent in Ext.P5 order. That apart, it has been made clear by this Court on many occasions that mutation does not declare or divest tittle and the same is only to incorporate necessary entries in the revenue records in tune with the relevant provisions of the Transfer of Registry Rules. Accordingly, there will be a direction to the second and third respondents to effect mutation in respect of the concerned property on the basis of the copy of the 'Will' referred to in Ext.P5 and subject to the satisfaction of other legal requirements by the petitioner. This of course shall be subject to the verdict to be passed by the concerned civil court in O.S. No.307/2012 where the dispute is pending. The writ petition is disposed of. Sd/- P.R. RAMACHANDRA MENON, JUDGE shg/