A determination of legal heirs is essential before any property can escheat to the State under relevant provisions.

This writ petition was filed in the year 2015, seeking the following reliefs:

a) Call for the records leading to Exhibit :P1 and issue a Writ of Mandamus or any other Writ directing the respondents to take effective steps to incorporate the subject property of intestate land of 71.80 Ares in Survey No.270/18, 8.4 Ares in survey 270/17 and 6.10 Ares in Survey 270/8 of Pooyappally village, admeasuring 86.30 Ares owned by the deceased Mr. Purushothaman, who left no legal heirs, with Government Escheat lands;

b) Issue such other and further relief as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

2.The brief facts of the case are as follows:-

The petitioner claims to be a social worker in Pooyappally village. According to the petitioner, he was a life time companion and friend of late Purushothaman. It is alleged that late Purushothaman had extensive lands, and he died without leaving any legal heirs and therefore, the properties belonging to late Purushothaman should devolve on the State by way of escheat. It is the case of the petitioner that, despite petitioning the authorities, no action has been taken to vest the properties in the Government by escheat, and a person who had absolutely no right over the properties (late Karthyayani), claiming to be the sister of late Purushothaman, had executed a settlement deed in respect of properties belonging to late Purushothaman in the name of her children namely additional respondent Nos. 5 to 12. According to the petitioner, the execution of documents by the late Karthyayani was without any authority and with the connivance of the revenue officials and the officials of the Sub Registrars Office. The petitioner has therefore approached this Court seeking the reliefs as aforesaid.

3.A counter affidavit has been filed by the 3rd respondent, wherein it is stated as follows:-

‘’3. It is submitted that one Thyagarjan, Parankimamvila Veedu, Nalkkavala has submitted a petition before the District Collector, Kollam alleging that an extent of 8.40 Ares of dry land comprised in Re.Sy. No.270/8, 6.10, 14 Ares of wet land in Re. Sy. No.270/17 and an extent of 71.80 Ares of dry land comprised in Re.Sy. No.270/18 in block 33 of Pooyapally village of Kottarakkara Taluk can be taken over by the Government under Kerala Escheats and Forfeitures Act 1964, since the land owner had died intestate and as unmarried. It is submitted that, on this petition enquiry had been conducted through Village Officer, Pooyapally,. As per Revenue records the above said lands were owned by Sri.Neelakandan Purushothaman, Kizhakkumkara Puthen veedu, Maruthamon Palli, vide Thandaper Account (TP) No.3411 who died intestate and as unmarried. Parents of Neelakandan Purushothaman were Kannan Neelakandan and Kunju Chitta. Since they were childless couples they had taken and reared a girl child named Karthyayani born to Kochuchakki, sister of Kunju Chitta, and who died consequent to delivery. Later the above said Neelakandan Purushothaman was born to Kannan neelakandan and Kujuchitta. Even after the birth of their own son they reared Karthyayani as their own child and later married to one Gopalan and in that wedlock 8 children were born. Sri. Neelakandan purushothaman had expired on 16.09.2015. It is submitted that, consequent on death of Neelakandan Purushothaman, Smt. Karthyayani had divided the entire properties accounted in TP No.3411 among her 8 children vide Settlement deed No.1861/2005 of Pooyapally SRO. She also expired on 15.08.2007.

4. It is submitted that a report in this regard had been submitted to the District Collector. Meanwhile Smt. Satheebhai daughter of Late. Smt. Karthyayani had submitted an application before the District Collector, Kollam requesting to effect mutation of the properties described in Settlement deed No.1861/2005 of Sub Registrar Office, Pooyapally, executed by her mother. She had also filed a Writ petition bearing No.21633/2015 before the Honourable High