High Court of KeralaWP(C)/30054/2015disposed of

Gracy v. The District Collector, Kottayam

2015-10-16Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 16TH DAY OF OCTOBER 2015/24TH ASWINA, 1937 WP(C).No. 30054 of 2015 (F) --------------------------------------- PETITIONER(S):

----------------------- GRACY, AGED 50 YEARS, W/O.SUNNY, VAZHAPPARAMBIL, 12, KOLLAD, POOVANTHURUTHU KARA, PANACHIKKADU PANCHAYATH, KOTTAYAM-686 029.

BY ADV. SRI.P.I.GEORGEKUTTY RESPONDENT(S):

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

1. THE DISTRICT COLLECTOR, KOTTAYAM. PIN-686 002.

2. PANACHIKKADU GRAMA PANCHAYATH, KOTTAYAM-686 533, REPRESENTED BY IT'S SECRETARY.

3. TAHSILDAR KOTTAYAM TALUK OFFICE, KOTTAYAM-686 001.

BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 30054 of 2015 (F) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1- TRUE COPY OF THE PARTITION DEED NO.761 OF 1999 OF THE SRO, PUTHUPPALLY DATED 10.5.1999.

P2- TRUE COPY OF THE DEATH CERTIFICATE OF FATHER ISSUED FROM THE REGISTRAR OF BIRTHS AND DEATHS, PANACHIKKADU GRAMA PANCHAYATH, DATED 13.3.2008.

P3- TRUE COPY OF THE CERTIFICATE ISSUED BY THE SECOND RESPONDENT DATED 20.6.2015.

P4- TRUE COPY OF IAY MINORITY LIST FOR 2014-15. P5- TRUE COPY OF THE CERTIFICATE ISSUED BY THE WELFARE STANDING COMMITTEE CHAIRMAN, PALLOM BLOCK.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.MUHAMED MUSTAQUE, J.

------------------------------------------ W.P(C).No. 30054 of 2015 ------------------------------------------- Dated this the 16th October, 2015

JUDGMENT

According to the petitioner, the property comprised in Sy.No.457/10/1 of Parachikkadu Village is originally belonged to his father. Father died and mother is also no more. Petitioner's father's name is K.J.John. He is having two children, petitioner as well as her brother.

2. The petitioner submits that whereabouts of her brother is not known for the last more than 23 years. Therefore, the petitioner submits that entire property has to be transferred in her name.

If a person is missing and his near relatives affirm that he is missing, that can be relied upon. Therefore, in view of the provisions of Section 107 of the Evidence Act, transfer of registry has to be effected in the name of the petitioner, if the petitioner is the legal heir of deceased K.J.John. The authority concerned shall verify that petitioner is the legal heir of late K.J.John. The petitioner

WP(C).30054/15 shall also file an affidavit before the authority concerned that her brother is missing with details of probable date of missing. It is made clear that this will not prejudice the right of the petitioner's missing brother, if he comes back. The Writ Petition is disposed of as above.

A.MUHAMED MUSTAQUE JUDGE vgs17/10/15