High Court of KeralaWP(C)/14324/2015disposed of

Rajasekharan Nair v. State Of Kerala

2015-05-12Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 12TH DAY OF MAY 2015/22ND VAISAKHA, 1937 WP(C).No. 14324 of 2015 (M) ---------------------------------------- PETITIONER(S):

---------------------- RAJASEKHARAN NAIR, AGED 59 YEARS, S/O.MADHAVAN PILLAI, 4/22, KRISHNA BHAVAN PATTAZHI P.O, NADUTHERI, PATHANAPURAM KOLLAM DISTRICT- 691 522.

BY ADVS.SRI.MANOJ RAMASWAMY SMT.V.SREEJA RESPONDENT(S):

-------------------------

1. STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, SECRETARIAT THIRUVANATHAPURAM 695 001.

2. THE DISTRICT COLLECTOR KOLLAM DISTRICT, KOLLAM 691 001.

3. THE REVENUE DIVISIONAL OFFICER CIVIL STATION, KOLLAM DISTRICT. 691 001.

4. THE TAHSILDAR, PATHANAPURAM TALUK, PATHANAPURAM 689 695.

5. THE VILLAGE OFFICER PATTAZHI VILLAGE, PIN 691 522, KOLLAM DISTRICT.

6. GEETHAKUMARI, AGED 43 YEARS, W/O.UNNIKRISHNAN NAIR, PAZHAYATTU VEEEDU THUVAYOOR VADAKKUM ERATHU, ADOOR 691 523.

R1-5 BY GOVERNMENT PLEADER SRI.MOHAMED SAVAD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 14324 of 2015 (M) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1.

COPY OF THE REGISTERED WILL NO.68/13/III DATED 5.9.13 EXECUTED BEFORE THE SUB REGISTRAR PATTAZHI.

EXHIBIT P2.

COPY OF THE PETITION DATED 21.2.14 SUBMITTED BEFORE THE 4TH RESPONDENT.

EXHIBIT P3.

COPY OF THE REPORT DATED 3.3.14 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 4TH RESPONDENT.

EXHIBIT P4.

COPY OF THE INFORMATION NO.BB-2231/2014 (3743/14) DATED 7.5.14 FROM THE OFFICE OF THE 4TH RESPONDENT.

EXHIBIT P5.

COPY OF THE PETITION DATED 28.11.14 TO THE 4TH RESPONDENT. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A. MUHAMED MUSTAQUE, J.

------------------------------- W.P.(C) No.14324 of 2015 ---------------------------------------------- Dated this the 12th day of May, 2015

JUDGMENT

The petitioner had become the owner of the landed property by virtue of Ext.P1 registered will. Immediately after the registration of Ext.P1 will, application was submitted to the 5th respondent to effect mutation in favour of the petitioner. But the 5th respondent had declined to effect mutation. Then the petitioner had approached the 4th respondent with Ext.P5 application alongwith relevant documents. Being aggrieved by the delay in effecting mutation, the petitioner has approached this Court.

2. Considering the facts and circumstances, there will be a direction to the 4th respondent to consider Ext.P5 application, after notice to the petitioner, 6th respondent and all other affected persons within a period of two months. The Writ Petition is disposed of as above.

A. MUHAMED MUSTAQUE, JV JUDGE