IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 WP(C).No. 26219 of 2011(B) -------------------------------------- PETITIONER(S): ----------------------- SATHYABHAMA, AGED 47 YEARS, D/O. CHELLAMMA, VALIYAKALAYIL MURI, ERATHU VILLAGE, ADOOR TALUK. BY ADV. SRI.K.MADHUSOODHANAN NAIR RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, KOLLAM-690540. 2. TAHSILDAR, KUNNATHOOR TALUK, TALUK OFFICE, SASTHAMCOTTA, KOLLAM DISTRICT. PIN-690540. 3. VILLAGE OFFICER, PORUVAZHY VILLAGE, PORUVAZHY VILLAGE OFFICE, KUNNATHOOR TALUK, KOLLAM DISTRICT-690540. BY SR. GOVT. PLEADER SRI. P.N. SANTHOSH FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DS WP(C).No. 26219 of 2011(B) APPENDIX PETITIONER(S) EXHIBITS : EXT.P1 PHOTOCOPY OF THE WILL NO.III/35/2010 EXECUTED BY DECEASED SATHYADEVAN. EXT.P2 PHOTOCOPY OF THE APPLICATION DATED 16-8-2011 SUBMITTED TO THE 2ND RESPONDENT. EXT.P3 PHOTOCOPY OF THE OPINION OF THE DISTRICT GOVERNMENT PLEADER DATED 25-6-2011 TO THE TAHSILDAR, KUNNATHOOR. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ PA TO JUDGE DS P.R. RAMACHANDRA MENON, J. - - - - - - - - - - - - - - - - - W.P.(C) No. 26219 of 2011 - - - - - - - - - - - - - - - - Dated this the 3rd day of October, 2011. JUDGMENT Petitioner is stated as a beneficiary of Ext.P1 'Will' executed by the deceased and registered on 15.06.2010 before the Kadampanadu Sub Registry. The petitioner is the sister of the deceased who left behind much immovable properties conferred on the petitioner, as per the above 'Will'. Admittedly, the validity of the said Will has been challenged in a Civil Suit before the Munsiff's Court, Sasthamkotta and the same is pending. It is further conceded by the writ petitioner in paragraph 2 of the writ petition that she has also preferred a Civil Suit before the Sub Court, Pathanamthitta seeking to implement the provisions of the 'Will' executed and registered by the deceased in favour of the petitioner. The case of the petitioner is that, no interim order has been passed by the Munsiff's Court, Sasthamcotta against the petitioner or anybody else with regard to the 'Will' and as such the respondents are liable to effect 'mutation', causing necessary entries in the revenue records, in tune with the Transfer of Registry Rules. W.P.(C). No.26219/2011 -:2:- 2. Heard the learned Government Pleader as well. 3. Admittedly, the title is in dispute and the matter is pending consideration before the Civil Court one at the instance of the wife of the deceased (before the Munsiff's Court, Sasthamkotta) and another one at the instance of the petitioner herself before the Sub Court, Pathanamthitta. In the said circumstances, this Court does not find it fit and proper to direct the respondents to effect 'mutation' and effect change of entries in registers by invoking the power under Section 226 of the Constitution of India. It is open to the petitioner to pursue the matter before the Civil Court and to pursue further steps on the basis of the orders/verdict to be passed by the concerned Civil Court. Interference is declined and the writ petition is dismissed, without prejudice to the rights and liberties of the petitioner as above. sd/- P.R. RAMACHANDRA MENON, JUDGE. rv W.P.(C). No.26219/2011 -:3:-