Kerala High Court
Sasidharan.N.I vs The Tahasildar (Lr) Kanayannur on 17 December, 2025
W,P(C) No.40386 of 2025
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2025:KER:97964
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
WEDNESDAY, THE 17TH DAY OF DECEMBER 2025/26TH AGRAHAYANA,
1947
WP(C) NO.40386 OF 2025
PETITIONER:
SASIDHARAN.N.I, AGED 84 YEARS
S/O.ITTYATHI, NARIKUZHI HOUSE, PALARIVATTOM,
INDIRA ROAD, POONITHURA VILLAGE, PIN - 682019
BY ADV.SHRI.SAIGI JACOB PALATTY
RESPONDENTS:
1 THE TAHASILDAR (LR) KANAYANNUR
TALUK OFFICE KANAYANNUR ERNAKULAM P.O,
ERNAKULAM DISTRICT, PIN - 682011
2 THE VILLAGE OFFICER
POONITHURA VILLAGE, VYTTILA P.O,
ERNAKULAM DISTRICT, PIN - 682019
BY ADVS.
SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.12.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W,P(C) No.40386 of 2025
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2025:KER:97964
JUDGMENT
Petitioner filed Ext.P6 application for effecting transfer of registry based on an unregistered Will, which has not culminated in a legitimate action, is the grievance. Learned counsel for the petitioner would submit that, going by the judgment in Babu R. v. State of Kerala [2024 KHC 7141], after issuing notice to the legal heirs, if they do not turn up, the Village Officer is at liberty to proceed with the matter, treating the case as uncontested.
2. Learned Government Pleader would submit that there can be direction to finalise the proceedings in Ext.P6 application, in the light of Babu R. (supra).
3. In the circumstances, there will be a direction to the 1st respondent/Tahsildar to conclude proceedings in Ext.P6, in accordance with the law laid down in Babu R. (supra). The particular aspect espoused by the learned counsel for W,P(C) No.40386 of 2025 . .3..
2025:KER:97964 the petitioner that, if the legal heirs do not turn up after issuance of notice, the case has to be proceeded with, treating it as uncontested, will also be addressed by the 1st respondent, while considering Ext.P6. Let the above exercise be completed, within a period of three months, from the date of receipt of a copy of this judgment. Petitioner will produce a copy of the judgment before the 1st respondent, for compliance.
This Writ Petition will stand disposed of, as above.
Sd/-
C. JAYACHANDRAN, JUDGE ww W,P(C) No.40386 of 2025 . .4..
2025:KER:97964 APPENDIX OF WP(C) NO. 40386 OF 2025 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE OF KUDIKIDAPPU DATED 20.05.1977, ISSUED BY THE LAND TRIBUNAL, ERNAKULAM.
EXHIBIT P2 THE TRUE COPY OF THE WILL DATED 19.09.1982.
EXHIBIT P3 THE TRUE COPY OF THE DEATH CERTIFICATE OF HIS FATHER DATED 02.08.1993.
EXHIBIT P4 THE TRUE COPY OF THE CERTIFICATE DATED 04.06.2025.
EXHIBIT P5 THE TRUE COPY OF THE ELECTRICITY BILL DATED 20.05.2024.
EXHIBIT P6 THE TRUE COPY OF THE APPLICATION DATED 17.02.2025.