Kerala High Court
Molly Jacob vs The Village Officer on 3 April, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
WP(C) NO. 12514 OF 2025
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2025:KER:28783
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947
WP(C) NO. 12514 OF 2025
PETITIONERS:
1 MOLLY JACOB
AGED 84 YEARS
W/O T.M.JACOB THYMATTATHIL HOUSE, PANAD ROAD,
THATTAMPADY, KARIMALLOOR P.O,
ERNAKULAM DISTRICT, PIN - 683 511
2 MR.MANOJ JACOB
AGED 60 YEARS
S/O MATHAI JACOB, THYMATTATHIL HOUSE,
PANAD ROAD, THATTAMPADY, KARIMALLOOR P.O,
ERNAKULAM DISTRICT, PIN - 683 511
BY ADVS.
SRI.ANIMON A. JOHN
SRI.SHAN V. SHINE
RESPONDENTS:
1 THE VILLAGE OFFICER
VADAKKANCHERY-I VILLAGE OFFICE, ALATHUR TALUK
VADAKKANCHERY POST, PIN - 678 683
2 THE THAHASILDAR
ALATHUR TALUK OFFICE, ALATHUR,
PALAKKAD, PIN - 678 541
3 MRS.SREEKALA K.S
VILLAGE OFFICER, VADAKKANCHERY-I
VADAKKANCHERY POST, PIN - 678 683
SRI. RAJEEV JYOTHISH GEORGE, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12514 OF 2025
2
2025:KER:28783
T.R.RAVI.J
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WP(C) No.12514 of 2025
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Dated this the 03rd day of April, 2025
JUDGMENT
The writ petition has been filed challenging certain endorsements which have been made in the thandaper register to the effect that as per the Will, there is no right of alienation during the life time of Molly Jacob. This Court had in Ext.P7 judgment in WPC.No.44115/2024 specifically noticed that the Will was executed by the father of the 2nd petitioner retaining the life interest with the 1st petitioner mother. The mutation was directed to be effected in the joint names of the petitioner and mother. This Court had also noted that the the mother had submitted before Court that she had no objection in the thandaper being issued in the joint names. The thandaper account does not require endorsements regarding the nature of right and extent of right over the property and in whose name the tax is being paid. It is also without any grace to state that WP(C) NO. 12514 OF 2025 3 2025:KER:28783 there is no right of alienation during the life time of one of the persons in whose name the thandaper itself is issued. The entry itself is totally unwarranted and not supported by any provision of law which requires the officer to make such endorsement.
The writ petition is hence allowed. Ext.P9 to the extent it makes an endorsement regarding the right of alienation is set aside. There will be a direction to the 1 st respondent to issue fresh thandaper account without the endorsement.
Sd/-
T.R.RAVI JUDGE sn WP(C) NO. 12514 OF 2025 4 2025:KER:28783 APPENDIX OF WP(C) 12514/2025 PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF THE WILL NO.130/2015 OF SUB REGISTRAR OFFICE, VADAKKANCHERY DATED 13.08.2015 Exhibit P2 TRUE COPY OF LAND TAX RECEIPT NO.
KL09012703878/2021 DATED 03/08/2021 ISSUED BY THE VILLAGE OFFICE, VADAKKANCHERY-I VILLAGE Exhibit P3 TRUE COPY OF EXTRACT OF THANDAPPER NO.9249 OF VADAKKANCHERY-I VILLAGE DATED 19/02/2021 ISSUED BY THE VILLAGE OFFICE, VADAKKANCHERY-I VILLAGE Exhibit P4 THE COPY OF DIRECTION ISSUED BY 2 ND RESPONDENT DATED 28/11/2024 Exhibit P5 TRUE COPY OF POSSESSION AND NON-ATTACHMENT CERTIFICATE NO. 436/24 DATED 28/11/2024 ISSUED BY THE VILLAGE OFFICE, VADAKKANCHERY-I VILLAGE Exhibit P6 TRUE COPY OF THANDAPPER EXTRACT OF THANDAPPER NO.10915 DATED 29/11/2024 ISSUED BY THE VILLAGE OFFICER, VADAKKANCHERY-I VILLAGE Exhibit P7 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) 44115/2024 DATED 23.01.2025 Exhibit P8 A TRUE COPY OF THE PROCEEDINGS NO.
TLKALR/4995/2024-H2 DATED 13/03/2025 OF 2 ND RESPONDENT Exhibit P9 TRUE COPY OF EXTRACT OF THANDAPPER NO.9249 OF VADAKKANCHERY-I VILLAGE DATED 19/03/2025 ISSUED BY THE VILLAGE OFFICE, VADAKKANCHERY-I VILLAGE