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Kerala High Court

Baiju vs Tahazildar on 31 January, 2025

Author: T.R.Ravi

Bench: T.R.Ravi

                                                        2025:KER:7820
WP(C) NO. 38719 OF 2024

                               1
            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MR. JUSTICE T.R.RAVI

  FRIDAY, THE 31ST DAY OF JANUARY 2025 / 11TH MAGHA, 1946

                     WP(C) NO. 38719 OF 2024

PETITIONER:

            BAIJU
            AGED 56 YEARS
            S/O PADMANABHAN,VELIYIL HOUSE,ALAPPUZHA NORTH P
            O,KANJIRAMCHIIRA,ALAPPUZHA., PIN - 688007


            BY ADV K.C.SUDHEER


RESPONDENTS:

    1       TAHAZILDAR
            AMBALAPPUZHA,AMBALAPPUZHA TALUK OFFICE,DISTRICT
            COURT WARD ALAPPUZHA., PIN - 688005

    2       VILLAGE OFFICER
            ARYADU SOUTH VILLAGE,KAICHOONDIMUKKU,ALAPPUZHA
            THANNERMUKOM RAD,ALAPPUZHA., PIN - 688505

            SMT.DEVISHREE, GP


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   31.01.2025,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                         2025:KER:7820
WP(C) NO. 38719 OF 2024

                                  2

                            T.R. RAVI, J.
            --------------------------------------------
                  W.P(C). No. 38719 of 2024
                --------------------------------------------
           Dated this the 31st day of January, 2025

                           JUDGMENT

This writ petition has been filed seeking mutation on the basis of Ext.P1 will executed by the petitioner's father on 10.08.2013. In the judgment in Babu.R. vs. State of Kerala [2024 KHC Online 7141] a learned Single Judge has issued directions regarding the procedure that has to be followed while effecting mutation on the basis of a will.

This writ petition is hence disposed of, directing the 1st respondent to consider the request submitted by the petitioner for mutation in accordance with the directions contained in Babu.R. vs. State of Kerala and after hearing the petitioner at the earliest, at any rate, within two months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the 2025:KER:7820 WP(C) NO. 38719 OF 2024 3 judgment in Babu.R. vs. State of Kerala before the 1st respondent along with a certified copy of this judgment for reference.

Sd/-

T.R.RAVI JUDGE LEK 2025:KER:7820 WP(C) NO. 38719 OF 2024 4 APPENDIX OF WP(C) 38719/2024 PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE NOTICE WILL DEED DATED 10/8/2013 EXECUTED BY THE PETITIONERS FATHER IN FAVOR OF THE PETITIONER Exhibit P2 THE COPY OF THE APPLICATION DATED 5/10/2024 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR GETTING THE PROPERTY AS PER EXBIT-P1 MUTATED Exhibit -P3 COPY OF THE DEATH CERTIFICATE DATED 4/8/2023 WITH RESPECT TO THE PETITIONERS FATHER ISSUED FROM THE KOCHI MUNICIPAL CORPORATION Exhibit P4 . COPY OF THE TAX RECEIPT DATED 16/5/2024 ISSUED FROM ARYADU SOUTH VILLAGE Exhibit P5 COPY OF THE ENCUMBRANCE CERTIFICATE DATED 18/8/2023 ISSUED FROM THE SUB REGISTRAR OFFICE ALAPPUZHA