Kerala High Court
Sunitha Rajesh Nair Alias Sunitha ... vs The Tahsildar on 27 January, 2017
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 23RD DAY OF AUGUST 2017/1ST BHADRA, 1939
WP(C).No. 25970 of 2017 (U)
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PETITIONER(S):
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SUNITHA RAJESH NAIR ALIAS SUNITHA THARAMEL,
AGED 43 YEARS, W/O. RAJESH NAIR, RESIDING AT
HOUSE NO. 28/3483, GEETHANJALI, CHILAVANOOR ROAD,
ELAMKULAM, KADAVANTHRA POST, KOCHI - 682 020,
ERNAKULAM DISTRICT.
BY ADVS.SRI.G.HARIHARAN,
SRI.PRAVEEN.H.,
SMT.K.S.SMITHA,
SMT.JINU ANTONY,
SRI.M.V.VIPINDAS.
RESPONDENT(S):
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1. THE TAHSILDAR,
KANAYANNUR TALUK, ERNAKULAM, PIN - 682 011.
2. THE VILLAGE OFFICER,
ELAMKULAM VILLAGE, KANAYANNUR TALUK,
ERNAKULAM, PIN - 682 020.
BY GOVT. PLEADER SRI.SURIN GEORGE IPE.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23-08-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
rs.
WP(C).No. 25970 of 2017 (U)
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE REGISTERED WILL NO. 421/2008 OF SRO
EDAPPALLY, EXECUTED IN FAVOUR OF THE PETITIONER BY
HER UNCLE SRI. K.BALASUBRAMANIAN.
EXHIBIT P2 TRUE COPY OF THE DEATH CERTIFICATE DATED 27.01.2017
ISSUED BY THE REGISTRAR OF BIRTH AND DEATH, ALTHOOR
GRAMA PANCHAYATH EVIDENCING THE DEATH OF
SHRI. K.BALASUBRAMANIAN.
EXHIBIT P3 TRUE COPY OF THE SALE DEED NO. 2117/1972 OF S.R.O.
ERNAKULAM EXECUTED IN FAVOUR OF MR.K. BALASUBRAMANIAN.
EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 19.04.2017 FILED BY
THE PETITIONER BEFORE THE 1ST RESPONDENT FOR EFFECTING
MUTATION AND ACCEPTING BASIC TAX FOR THE PROPERTY.
EXHIBIT P5 TRUE COPY OF THE POSTAL RECEIPT DATED 20.04.2017
EVIDENCING DESPATCH OF EXHIBIT P3 APPLICATION.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S.TO JUDGE
rs.
P.B.SURESH KUMAR, J.
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W.P.(C).No.25970 of 2017
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Dated this the 23rd day of August, 2017
J U D G M E N T
The grievance of the petitioner in the writ petition concerns the inaction on the part of the respondent concerned in considering the application preferred by the petitioner for effecting mutation in respect of the property referred to in the writ petition. It is stated by the petitioner that she has obtained the property in terms of Ext.P1 Will executed by her uncle.
2. The learned Government Pleader, on instructions, pointed out that when the petitioner submitted the application for effecting mutation, she was asked to produce the tax receipt indicating the thandaper account number of the executant of Ext.P1 Will and the W.P.(c).No.25970 of 2017 : 2 : application is not being considered as the petitioner has not produced the particulars of the thandaper account number of the executant of Ext.P1 Will. It is submitted by the learned Government Pleader that as and when the particulars of thandaper account number required is produced, the application preferred by the petitioner for effecting mutation will be considered.
In the light of the submission made by the learned Government Pleader, the writ petition is disposed of directing the petitioner to produce the particulars of the thandaper account of the executant of Ext.P1 Will and directing the second respondent to pass orders on the application preferred by the petitioner for effecting mutation, within one month thereafter.
Sd/-
P.B.SURESH KUMAR JUDGE rsr