Jyothi Surendran Vs. State of Kerala - Court Judgment

Excerpt:
- labour & services appointment: [v.k. bali, ch, p.r. raman & s. siri jagan, jj] post of pharmacist in homeopathy subordinate service - special rules for kerala homeopathy subordinate service rules, 1999 introducing new qualifications vacancy arising subsequent to coming into force of the said special rules held, vacancies have to be filled up only in accordance with special rules, 1999. unfilled vacancy that had arisen prior to amendment cannot be filled up by candidate not possessing amended qualifications prescribed by special rules. state government has the power to frame or amend the special rules with or without retrospective effect. mohanan k.r. & anr vs director of homeopathy, kerala homeopathy services, trivandrum & ors.kurian joseph, j.1. whether a beneficiary of a trust is entitled to get a certified copy of the trust deed from the concerned sub registry office under the provisions of the registration act, 1908 is the question to be considered in this writ petition. petitioner is the beneficiary no. 19 in a.p.b. family trust, kozhikode. the deed is registered as document no. 243/1983 of kozhikode sub registry. the same is entered in book no. 4. according to the petitioner the trust is not managed properly and she intends to file a suit under the trusts act for which an authenticated copy of the trust deed is necessary. an application was filed before the second respondent. the same was returned stating that in view of the bar under section 57(3) of the act, the copy cannot be supplied, as can be seen from the endorsement made in ext.p2.2. section 51 of the act provides for register of books to be kept in the registration office:book 1, 'register of non-testamentary documents relating to immovable property';book 2, 'record of reasons for refusal to register';book 3, 'register of wills and authorities to adopt' andbook 4, 'miscellaneous register',b - in the offices of registrars -book 5, 'register of deposits of wills'.section 57 of the act provides for right to inspection and right to get certified copies of the entries in the books. the section reads as follows:57. registering officers to allow inspection of certain books and indexes, and to give certified copies of entries.-- (1). subject to the previous payment of the fees payable in that behalf, the books nos. 1 and 2 and the indexes, relating to book no. 1 shall be at all times open to inspection by any person applying to inspect the same; and subject to the provisions of section 62, copies of entries in such books shall be given to all persons applying for such copies.(2). subject to the same provisions, copies of entries in book no. 3 and in the index relating thereto shall be given to the persons executing the documents to which such entries relate, or to their agents, and after the death of the executants (but not before) to any person applying for such copies.(3). subject to the same provisions, copies of the entries in book no. 4 and in the index relating thereto shall be given to any person executing or claiming under the documents to which such entries respectively refer, or to his agent or representative.(4). the requisite search under this section for entries in books nos. 3 and 4 shall be made only by the registering officer.(5). all copies given under this section shall be signed and sealed by the registering officer, and shall be admissible for the purpose of proving the contents of the original documents.whether a beneficiary of a family trust is a person claiming under the trust deed as entered in book no. 4 is the crucial question to be considered. the learned government pleader contends that in a trust deed settlor and trustees are the executant and claimants. it is further contended that under rule 176 of the kerala registration rules, book no. 4 can be called for by the concerned court for the purpose of perusing the same and also for taking a certified copy of the same. the rule reads as follows:176. when a requisition is received from a court or any officer in charge of a police station for the production of a register book other than book 3 or book 4 or a register of thumb impressions, the registering officer shall ascertain whether it is absolutely necessary that the book itself should be produced or whether a certified copy of the entry required in evidence will not suffice. when it is absolutely necessary to produce the book itself or when the requisition is for the production of register book 3 or the register book 4 or a register of thumb impressions, the book shall be forwarded in a sealed packet, through a clerk, with instructions to bring the packet back to the office, unless the court or the officer in charge of a police station considers its detention to be necessary. when register book itself is produced, a copy of the particular document will be taken, and the court after examining and comparing the copy with the entry in the register book certify it to be so and cause the copy alone to be filed and exhibited. the book shall be returned through the clerk without making any entries therein. when a copy is forwarded to a court it shall be sent in a sealed cover addressed by name to the officer presiding over the court.3. rule 176 deals with production of registered books in court for the purpose of proving a document. here the petitioner proposes to institute a suit under the trusts act and her claim itself is rested on the trust deed, she being beneficiary no. 19. whether a certified copy should invariably be filed along with the plaint or whether it would be sufficient to indicate in whose possession the same is and would it be sufficient if the documents are called for under rule 176 of the rules is a different question altogether. the germane issue is whether the beneficiary of a trust is a claimant under the deed. it cannot be disputed that once the trust deed is duly executed, the beneficiary thereof is entitled to claim the benefits under the trust. therefore, it cannot be said that only the trustees are the claimants. the expression 'any person executing or claiming under the documents' as appearing under section 57(3) of the act has to be taken to mean in respect of a trust deed which is entered under book 4 as including a person claiming any benefit under a registered trust. since there is no dispute that the petitioner claims certain benefits under the trust deed, certified copy of which is applied for as per ext.p2, she is entitled to get a certified copy of the deed under section 57(3) of the act. the endorsement in ext.p2 is quashed. there will be a direction to the second respondent to issue a certified copy of the trust deed referred to in the application to the petitioner, subject to the petitioner satisfying the required other conditions contemplated under section 57 of the act.the writ petition is disposed of as above.