IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 WP(C).No. 2490 of 2010(I) ------------------------- PETITIONER(S): --------------- SARAMMA CHACKO, W/O.P.M.CHACKO, AGED 60, PUTHUPARAMBIL HOUSE, MAMOODU P.O., MADAPPALLY VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.R.MURALEEKRISHNAN SMT.T.M.RESHMY RESPONDENT(S): --------------- 1. THE VILLAGE OFFICER, MADAPPALLY VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM. 2. THE TAHSILDAR, CHANGANACHERRY TALUK, KOTTAYAM. 3. G.MOHANAN PILLAI, ADDITIONAL TAHSILDAR, CHANGANASSERY TALUK, KOTTAYAM 4. ALEX RAJ PINTO, S/O.JACOB, ARAVANADU HOUSE, MAMOODU P.O., CHANGANACHERRY TALUK, KOTTAYAM. GOVERNMENT PLEADER, SHRI P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.2490/2010-I ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 27th day of January, 2010 J U D G M E N T The petitioner has filed this writ petition aggrieved by Ext.P3 proceedings of the second respondent refusing to effect mutation. The petitioner is relying upon a Will Deed of the year 1987 executed by the deceased A.C.Joseph. As per the said Will, an extent of 25 cents in Survey No.537/9D-2 was set apart for one of his daughters, Smt.Lissy Jacob. The said Lissy Jacob executed another Will in favour of the petitioner regarding the said property. Ext.P1 is the copy of the Will executed by Lissy Jacob. The petitioner is seeking mutation in her name based on the same. It appears that the son of the Executant also appeared before the Tahsildar raising his claim and, therefore he has passed Ext.P3 proceedings directing the parties to approach the Civil Court in the matter. 2. The learned Government Pleader on instructions submitted that the petitioner has got a remedy under Rule 18 of the Transfer of Registration Rules to file an appeal before the Revenue Divisional Officer. 3. If the petitioner files an appeal before the appellate authority within two weeks, the same will be W.P.(C). No.2490/2010 -:2:- disposed of after hearing both sides within a period of two months. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms