Kerala High Court
R Vaijayanthi Mala vs State Of Kerala on 10 April, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
2025:KER:32369
WP(C) NO. 30222 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
WP(C) NO. 30222 OF 2024
PETITIONER:
R VAIJAYANTHI MALA
AGED 58 YEARS
W/O. GOPALAKRISHNAN NAIR, RESIDING AT 1/87 NORTH
STREET, PUDHUKURICHI, KASTHURIRANGAPURAM
THIRUNALVELI, TAMIL NADU, PIN - 627112.
BY ADVS.
SINU.G.NATH
S.M.RAJEEVAN
DEEPA DEVI C.
NITHYASREE B.
RESPONDENT:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE,
GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM,
PIN - 695001.
2 THE TAHSILDAR (L.R)
THIRUVANANTHAPURAM TALUK, EAST FORT PAZHAVANGADY
THIRUVANANTHAPURAM, PIN - 695023.
3 THE VILLAGE OFFICER, MANACAUD VILLAGE
MANACAUD VILLAGE, IRANIMUTTAM, MANAKKAUD
P.O,THIRUVANANTHAPURAM TALUK,THIRUVANANTHAPURAM,
PIN - 695009.
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WP(C) NO. 30222 OF 2024
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4 VIJAYAN
VIJAYAVILASAM, UCHAKKADA, PAYATTUVILA P.O,
NEYYATINKARA THIRUVANANTHAPURAM, PIN - 695501.
SRI. RAJEEV JYOTHISH GEORGE, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 30222 OF 2024
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T.R. RAVI, J.
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W.P.(C) No.30222 of 2024
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Dated this the 10th day of April, 2025
JUDGMENT
The petitioner has sought for a direction to effect mutation on the basis of Ext.P3 Will. There is also a prayer to declare that Ext.P8 circular is ultravires. As far as effecting mutation on the basis of a Will is concerned this Court has laid down certain guidelines to be followed while considering mutation based on a 'Will' in Babu R. v. State of Kerala [2024 KHC OnLine 7141].
This writ petition is hence disposed of, directing the 2 nd respondent to effect mutation based on the Will in accordance with the directions issued by this Court in Babu R. v. State of Kerala [2024 KHC OnLine 7141] and after calling for a report from the 3 rd respondent. Necessary action shall be completed within three months from the date of receipt of a copy of this judgment.
Sd/-
T.R.RAVI JUDGE mpm 2025:KER:32369 WP(C) NO. 30222 OF 2024 4 APPENDIX OF WP(C) 30222/2024 PETITIONER'S EXHIBITS Exhibit P-1 TRUE COPY OF THE CERTIFIED COPY OF THE SAID SETTLEMENT DEED NO. 1025/1/1969 DATED 26/03/1969 OF NEMAM SRO.
Exhibit P_2 TRUE COPY OF THE DEATH CERTIFICATE OF LATE DR.SUJATHA RANI ISSUED FROM VEPPILANKULAN VILLAGE, TAMIL NADU.
Exhibit P-3 TRUE COPY OF THE WILL DEED BEARING NO. BK III 163/2019 OF KANYAKUMARI JOINT-1 SUB REGISTRY DATED 09/09/2019.
Exhibit P_4 TRUE COPY OF THE TAX PAID UP RECEIPT DATED 05/02/2024.
Exhibit P-5 TRUE COPY OF THE UNDATED COMPLAINT FILED BY THE 4TH RESPONDENT BEFORE THE CHIEF MINISTER OF KERALA.
Exhibit P-6 TRUE COPY OF THE APPLICATION DT.
31/07/2024 SEND TO THE 3RD RESPONDENT FOR EFFECTING MUTATION.
Exhibit P-7 TRUE COPY OF THE POSTAL RECEIPT DT 05/08/2024 SENDING APPLICATION DT. 31/07/2024.
Exhibit P-8 TRUE COPY OF THE CIRCULAR BEARING NO.
2590/E3/2010/REVENUE DT. 02/07/2011.
Exhibit P-8(A) TRUE LEGIBLE TYPED EXTRACT OF RELEVANT PAGES OF CIRCULAR BEARING NO. 2590/E3/ 2010/REVENUE DT. 02/07/2011.
2025:KER:32369 WP(C) NO. 30222 OF 2024 5 Exhibit P-9 TRUE COPY OF THE PRINT OUT OF THE POSTAL TRACKING RECORD OF POSTAL CONSIGNMENT NO. EL562779845IN.