Kerala High Court
A. Naushad vs State Of Kerala on 23 July, 2025
2025:KER:54830
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
WEDNESDAY, THE 23RD DAY OF JULY 2025 / 1ST SRAVANA, 1947
WP(C) NO. 26935 OF 2025
PETITIONER:
1 A. NAUSHAD
AGED 47 YEARS
S/O LATE ABDUL JABBAR, CHARUVILA PUTHENVEEDU, 5/400,
OTTAKKAL P.O., PUNALUR, KOLLAM DISTRICT, PIN - 691305
BY ADVS.
SHRI.MANOJ RAMASWAMY
SMT.JOLIMA GEORGE
SMT.C.B.SABEELA
SMT.APARNA G.
SMT.SHYLAKUMARI C.C.
SHRI.MUHAMMED HAROON THAMEEM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT, PIN - 695001
2 THE TAHSILDAR (LR)
TALUK OFFICE, PUNALUR,
KOLLAM DISTRICT, PIN - 691305
3 THE VILLAGE OFFICER
THENMALA VILLAGE, THENMALA,
KOLLAM DISTRICT, PIN - 691308
SMT.DEEPA NARAYANAN, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:54830
W.P.(C.) No.26935 of 2025
-2-
C. JAYACHANDRAN, J.
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W.P.(C.) No.26935 of 2025
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Dated, this the 23rd day of July, 2025
JUDGMENT
Ext.P8 Order is under challenge which rejected petitioner's application for effecting mutation in respect of his property. The property originally belonged to petitioner's father and mother, who have executed a joint Will in favour of the petitioner. Among other things, the Will depicted that, upon the death of one, the property will devolve upon the survivor. Accordingly, after the death of the father, the mother executed three settlement deeds in favour of the petitioner/son. Based on the settlement deeds, mutation was sought for. The same is refused by Ext.P8, stating that the father and mother of the petitioner could not have bequeathed their entire properties by virtue of a Will, as per the Muslim Personal Law.
2. This Court is afraid whether that is a matter which 2025:KER:54830 W.P.(C.) No.26935 of 2025 -3- can be looked into by the 2 nd respondent/Tahsildar concerned, for the purpose of considering transfer of registry. At any rate, going by the judgment of this Court in Babu R. v. State of Kerala [2024 KHC 7141], it will be up to the 2nd respondent/Tahsildar to issue notice to the adversary parties, if any, and to take a decision in accord therewith on the petitioner's application for transfer of registry. To enable the same, Ext.P8 Order will stand set aside. There will be a direction as above to the 2nd respondent/Tahsildar concerned. The same shall be complied within a period of two months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment before the Tahsildar concerned, for compliance.
The Writ Petition is disposed of as above.
Sd/-
C. JAYACHANDRAN JUDGE SKP/25-07 2025:KER:54830 W.P.(C.) No.26935 of 2025 -4- APPENDIX OF WP(C) 26935/2025 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REGISTERED WILL VIDE NO.147/2002 DATED 05.11.2002 OF SRO, PUNALUR EXHIBIT P2 TRUE COPY OF THE DEATH CERTIFICATE DATED 30.01.2023 ISSUED BY THE SUB REGISTRAR BIRTHS & DEATHS, THIRUVANANTHAPURAM MUNICIPAL CORPORATION EXHIBIT P3 TRUE COPY OF THE FAMILY MEMBERSHIP CERTIFICATE, VIDE NO.89823009 DATED 29.11.2024 ISSUED BY THE 3RD RESPONDENT EXHIBIT P4 TRUE COPY OF THE SETTLEMENT DEED, VIDE NO.
1988/2023/1 DATED 11.08.2023, OF SRO PUNALUR EXHIBIT P5 TRUE COPY OF THE SETTLEMENT DEED, VIDE NO.
1989/2023/1 DATED 11.08.2023 OF SRO, PUNALUR EXHIBIT P6 TRUE COPY OF THE SETTLEMENT DEED VIDE NO.
1990/2023/1 DATED 11.08.2023 OF SRO, PUNALUR EXHIBIT P7 TRUE COPY OF THE LETTER VIDE NO.1/199733/2023, DATED 28.10.2023 ISSUED BY THE 3RD RESPONDENT EXHIBIT P8 TRUE COPY OF THE LETTER VIDE NO.TLKPLR/4602/2024-B7 DATED 20.03.2025 ISSUED BY THE 2ND RESPONDENT RESPONDENTS' EXHIBITS: NIL TRUE COPY P.A. TO JUDGE