IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 WP(C).No. 30002 of 2011(A) ------------------------------------ PETITIONERS: - ----------------------- 1. MRS GEMOL VARGHESE, W.O.LATE SHIBU VARGHESE MATHEW, MELAPANDIYIL ROSH VILLA, BTC JUNCTION, MARADU P.O. REPRESENTED BY POWER OF ATTORNEY HOLDER A.V.THOMAS 2. ROSHAN MATHEW VARGHESE (MINOR), S/O.LATE SHIBU VARGHESE MATHEW, MELAPANDIYIL ROSH VILLA, BTC JUNCTION, MARADU P.O. REPRESENTED BY POWER OF ATTORNEY HOLDER A.V.THOMAS 3. ROHAN GEORGE VARGHESE (MINOR), S/O.LATE SHIBU VARGHESE MATHEW, MELAPANDIYIL ROSH VILLA, BTC JUNCTION, MARADU P.O. REPRESENTED BY POWER OF ATTORNEY HOLDER A.V.THOMAS BY ADVS. SRI.RAJESH THOMAS SRI.A.M.NASEER RESPONDENTS : - -------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM, PIN 695 001. 2. DISTRICT COLLECTOR, ERNAKULAM DISTRICT COLLECTORATE, KAKKANADU, ERNAKULAM, PIN 682 030. 3. REVENUE DIVISIONAL OFFICER, FORT KOCHI, ERNAKULAM, PIN 682 001. 4. TAHSILDAR, KANAYANNUR TALUK, ERNAKULAM-682 026. 5. VILLAGE OFFICER, MARADU VILLAGE, MARADU-6823 04. R1- R5 BY GOVT. PLEADER SRI. JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30002 of 2011(A) APPENDIX PETITIONERS' EXHIBITS: EXT P1 : COPY OF THE DEATH CERTIFICATE OF LATE SHIBU VARGHESE MATHEW DATED 30.10.2008 ISSUED BY THE UNITED ARAB EMIRATES, MINISTRY OF HEALTH. EXT P2 : COPY OF THE SALE DEED NO. 3526/2001 OF MARADU SRO. EXT P3 : COPY OF THE LAND TAX RECEIPT NO. 4542872 DATED 20.09.2004 FOR THE YEAR 2004 - 2005 ISSUED BY MARADU VILLAGE OFFICE. EXT P4 : COPY OF THE ENCUMBRANCE NO. 7170 / 09 FOR THE PERIOD FROM 01.01.2001 TO 15.07.2009 ISSUED BY SRO, MARADU. EXT P5 : COPY OF THE LAND TAX RECEIPT NO : 4044058 DATED 28.07.2009 ISSUED BY VILLAGE OFFICE, MARADU AS PER THANDAPER NO : 11830. EXT P6 : COPY OF THE REPRESENTATION DATED 31.07.2009 SUBMITTED BY THE 1st PETITIONER BEFORE THE 5th RESPONDENT. EXT P7 : COPY OF THE LETTER NO. 6/2009 - 2010 ISSUED BY VILLAGE OFFICER, MARADU. EXT P8 : COPY OF THE LEGAL HEIRSHIP CERTIFICATE NO: KDis 15938 / 08 / A5 DATED 11.02.2009. EXT P9 : COPY OF THE APPLICATION FOR MUTATION DATED 19.02.2009 FILED BY THE FATHER IN LAW OF THE 1st PETITIONER. EXT P10 : COPY OF THE APPEAL DATED 03.11.2009 WITHOUT ANNEXURES. EXT P11 : COPY OF THE NOTICE DATED 09.05.2011 ISSUED BY THE 3rd RESPONDENT. EXT P12 : COPY OF THE COMMUNICATION DATED 27.06.2011 ISSUED BY 5th RESPONDENT TO THE 3rd RESPONDENT STATING THAT FILE VTR 1130/2008-2009 IS NOT TRACEABLE. EXT P13 : COPY OF THE COMMUNICATION DATED 05.08.2011 ISSUED BY THE OFFICE OF THE 4th RESPONDENT. RESPONDENTS' EXHIBITS : NIL. TRUE COPY P.A. TO JUDGE DMR/- ANTONY DOMINIC, J ....................................................... W.P.(C).30002/2011 .............................................. Dated this the 10th day of November, 2011 JUDGMENT Petitioners submit that the first petitioner's deceased husband Sri.Shibu Varghese Mathew had purchased 4 cents of land comprised in R.S.267/11 of Maradu Village by sale deed No.3526/2001 and mutation was effected in his name. On his death, Ext.P9 application was made for effecting changes in the mutation register. There upon, acting upon Ext.P8 legal heir ship certificate, changes were effected by including, apart from the petitioners, the parents of the deceased also. Aggrieved by the said inclusion of the parents of the deceased, petitioners have filed Ext.P10 appeal under Rule 18 of the Transfer of Registry Rules and the said appeal is pending consideration of the third respondent. It is in these circumstances the writ petition is filed seeking to quash the legal heir ship certificate and also to remove the names of the ineligible persons from the mutation register. 2. In my view, the primary grievance of the first petitioner is regarding the the changes effected in the mutation register. This issue is pending consideration of the third respondent in Ext.P10 appeal. W.P.(C).30002/11 2 3. Therefore, I dispose of this writ petition directing the third respondent to consider and pass orders on Ext.P10 appeal with notice to the parties concerned and as expeditiously as possible at any rate, within eight weeks of production of a copy of this judgment along with a copy of the writ petition. ANTONY DOMINIC, Judge mrcs /true copy/ P.A. To Judge