C.C.Bindu vs State Of Kerala

T.R. Ravi, J.

Admit. Government Pleader takes notice for the respondents 1 to 4. In view of the order that is proposed to be issued, notice to the 5th respondent is dispensed with.

The prayer in the writ petition is for a direction to the 2nd respondent to consider and pass orders on Ext.P2, which has been filed against mutation effected in the name of the petitioner's deceased brother. There is also a prayer for a direction to the 3rd respondent not to accept land tax from the 5th respondent with respect to 11 cents of land with residential building No.45/2613 of Kochi Corporation situated in Sy.No.222/4 of Elamkulam Village, Kanayannur Taluk. It is seen from the writ petition that the petitioner is the legal heir of deceased Chandrabose, who expired on 18.05.2006. Chandrabose at the time of his death was survived by his wife Omana and two children Biju Kumar and the petitioner. Omana who was a Government employee retired from service, died on 20.12.2015. The properties in question originally belonged to deceased Chandrabose. The petitioner's husband also died in a road accident. The petitioner submits that it was only much later that she came to know that the properties which were owned by the petitioner's father had been mutated in the name of the 5th respondent, who is the widow of the petitioner's deceased brother Biju Kumar. It is also stated that it was only then that the petitioner came to know about an unregistered Will dated 05.05.2006, which had been executed in favour of late Biju Kumar. Late Biju Kumar had settled the properties as per Document No.4410/2016 in favour of the 5th respondent and mutation had also been effected in the name of the 5th respondent. The petitioner challenges the above mutation in appeal.

A reading of the facts will clearly show that the petitioner will have to move the Civil Court, if she is aggrieved by the Will executed by her deceased father in the name of her brother, who is also no more. There cannot be a collateral challenge to the title of the 5th respondent or the mutation effected in the name of the 5th respondent in an appeal, when the mutation itself is effected on the basis of a settlement which had been executed by the 5th respondent's deceased husband, who claims the property on the basis of a Will.

In the above circumstances, no relief can be granted to the petitioner in this writ petition. The writ petition is closed without prejudice to the petitioner's right to move the appropriate Civil Court for reliefs.