WP(C)/19560/2023 of SHAJI XAVIER Vs STATE on 12 December 2024

JUDGMENT

The grievance of the petitioner is that mutation has not been effected on the basis of a 'Will'. The 1st petitioner is the sonof Late Xavier and Philomina Xavier and the 2nd petitioner is the sonof the 1st petitioner. It is stated that a joint 'Will' was executed bythe parents of the 1st petitioner, copy of which is produced asExt.P1. The mother of the petitioner died on 23.05.2011. It isstated that the father revoked the 'Will' to the extent of his share inthe property and transferred the said properties in favour of the 2ndpetitioner as per Ext.P2. The grievance of the petitioners isregarding the mutation of properties which belonged to the mother.The mutation was refused for the reason that the additional 4threspondent, who is the sister of the 1st petitioner filed objection tothe mutation. Even though notice was served on the additional 4threspondent, additional 4th respondent has not chosen to appear. Itis submitted that the additional 4th respondent has not challengedthe 'Will' in any manner known to law before any civil court. It is settled law that mutation by itself will not confer any title on theperson in whose favour the mutation is carried out.

In the above circumstances, this writ petition is disposedof directing the 3rd respondent to initiate steps for mutation of theproperties left behind by the mother of the 1st petitioner and passnecessary orders, if the application is otherwise in order, within twomonths from the date of receipt of a certified copy of thisjudgment. This order is without prejudice to any right which the 4threspondent may have with regard to the properties.

Sd/-

T.R. RAVI

JUDGE

Pn

In the judgment dated 12.12.2024 in WP(C) 19560/2023, the description “atrue copy of the Will bearing No.741/III/08” of Ext.P1 in the appendix is corrected as “atrue copy of the Will bearing No.74/III/08” and the words “covered in Ext.P2” is addedin line No.3 of last paragraph of the judgment after the words “the mother of thepetitioner”, as per the order dated 04.04.2025 in IA-1/25 in WP(C) No.19560/2023.

Sd/-

Joint Registrar

APPENDIX OF WP(C) 19560/2023

PETITIONER'S EXHIBITS

Exhibit P1A TRUE COPY OF THE WILL BEARING NO. 741/III/08 DATED 7/11/2008 EXECUTED IN FAVOUR OF THE 1ST PETITIONER

Exhibit P1(a)A TRUE COPY OF THE DEATH CERTIFICATE DATED 6/6/2011 ISSUED BY UPPUTHARA GRAMA PANCHAYAT

Exhibit P2A TRUE COPY OF THE SETTLEMENT DEED NO. 877/2023 DATED 14/3/2023 OF PEERMADE SRO

Exhibit P3A TRUE COPY OF THE COMPLAINT DATED 23/2/2022