IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 WP(C).No. 21655 of 2009(B) -------------------------- PETITIONER(S): --------------- AJITH KUMAR, AGED 37, S/O.PUNNATHARA SANKARANKUTTY PILLAI, KODUNGALLUR, LOKAMALLESWARAM, KODUNGALLUR TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN SRI.K.RAVI (PARIYARATH) RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVT. LOCAL SELF GOVERNMENT DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KODUNGALLUR MUNICIPALITY, REP. BY ITS SECRETARY, KODUNGALLUR P.O., THRISSUR. 3. RAVINDRAN, S/O.PUNNATHARA SANKARANKUTTY PILLAI, KODUNGALLUR, LOKAMALLESWARAM, KODUNGALLUR TALUK. R1- BY GP V MANU R2 BY SC MP ASOK KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 21655 OF 2009 ............................................ DATED THIS THE 7th DAY OF AUGUST, 2009 JUDGMENT The petitioner says that he; not his brother; is the legatee under a Will. The unfortunate brothers are at logger heads. There are different civil suits amongst them. This writ petition is filed seeking a direction that the Municipality be directed to provisionally show the name of the petitioner as the owner of a portion of a building in the assessment register of the Municipality. This, in my view, is impermissible. The request that this may be done, at least provisionally, is also not permissible. 2. Fundamentally, title to the building will depend upon the title to the land. That would be an issue that would fall for consideration in terms of the Transfer of Registry Rules. If mutation is sought for on the basis of a Will, there is a procedure prescribed under those rules. If parties are unable to resolve the disputes there, the civil court may have to be approached. At any rate, I do not find that it is appropriate that a Local Self Government Institution should be directed to meddle with such Wpc 21655/2009 2 complicated issues of title. Hence leaving open all other remedies, including the right to move for mutation, in terms of the Transfer of Registry Rules, this writ petition is dismissed. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/7/8