IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 WP(C).No. 30130 of 2008(J) ---------------------------------------- PETITIONER(S): ------------------------- JOHN J.ILLICKEN, S/O.LATE SHRI.JACOB J.ILLICKAN, GRACY BUNGLOW, PARATHODU P.O., KANJIRAPPALLY, (ILLICKAL HOUSE, S.A.ROAD, KOCHI-36). BY ADV. SRI.M.K.SHASHI KUMAR RESPONDENT(S): --------------------------- 1. DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM. 2. REVENUE DIVISIONAL OFFICER, COLLECTORATE, KOTTAYAM. 3. ADDITIONAL TAHSILDAR, KANJIRAPPALLY. 4. VILLAGE OFFICER, EDAKKUNNAM VILLAGE, EDAKKUNNAM, KANJIRAPPALLY. 5. SMT.SHEELA PHILIP, W/O.PHILIP MATHEW, THAZHEKKATTU VEEDU, EDAPPALLY, THRIKKAKARA, ERNAKULAM. BY GOVERNMENT PLEADER SMT. N.SUDHADEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V. GIRI, J. ------------------------------ W.P.(C).NO.30130 OF 2008-J ------------------------------ Dated this the 14th day of October, 2008. JUDGMENT Petitioner challenges Ext.P9 order, by which a mutation earlier effected has been cancelled. I am not inclined to consider the contention raised by the petitioner on merits on two grounds. Firstly, there is a dispute pending between the legatees under the Will executed by the father and mother of the petitioner now pending before a civil court. One of the disputes is whether the original Will executed has been revoked by a subsequent Will executed by the mother. Obviously the rights of the parties under the Will have to be adjudicated by the civil court which will not be influenced by the findings, if any rendered by the authorities under the Transfer of Registry Rules. Secondly, if the petitioner is aggrieved by Ext.P9, it is open to him to file an appeal before the appellate authority for clarifying the above aspects. The writ petition is disposed of as above. V. GIRI, JUDGE. cl . 2 cl