IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 WP(C).No. 5732 of 2011(N) ------------------------- ` PETITIONER: --------------- SARAMMA MATHEW, W/O.ABRAHAM MATHEW, ODIKKANDATHIL HOUSE, KURIANNOOR P.O., THIRUVALLA. BY ADVS. SRI.PHILIP T.VARGHESE SMT.V.T.LITHA SMT.AFSANA ASHRAF SMT.T.M.BINITHA RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LAND REVENUE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE VILLAGE OFFICER, KOIPURAM. R1 & R2 BY GOVT. PLEADER SRI. JAIBY PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) No.5732/2011 -2- APPENDIX PETITIONER'S EXHIBITS EXT.P1 – TRUE COPY OF THE DEATH CERTIFICATE OF PETITIONER'S FATHER DATED 02-12-2002. EXT.P2 – TRUE COPY OF THE WILL DATED 22-12-2001 EXECUTED BY PETITIONER'S FATHER EXT.P3 – TRUE COPY OF THE APPLICATION FOR MUTATION DATED 08-11-2010 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT EXT.P4 – TRUE COPY OF THE AFFIDAVIT OF THE PETITIONER DATED 9-112010 EXT.P5 – TRUE COPY OF THE AFFIDAVIT OF THE ATTESTING WITNESS DATED 11-11-2010 EXT.P6 – TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 02-12-2010 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P7 – TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 18-01-2011 ISSUED TO THE PETITIONER. RESPONDENTS EXHIBITS NIL //TRUE COPY// P.A. TO JUDGE AMG P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.5732 OF 2011 -------------------------------- Dated this the 29th day of March 2011 JUDGMENT The grievance of the petitioner is that in spite of approaching the 2nd respondent by filing Ext.P3 application for effecting mutation in respect of the property in the name of the petitioner, the same has not been positively dealt with, which made the petitioner to approach this Court by filing this Writ Petition. 2. The case of the petitioner as put forth by the learned counsel for the petitioner is that, pursuant to the demise of the father of the petitioner, the petitioner turned to be the sole legatee by virtue of Ext.P2 'Will' dated 22-12-2001, executed by the deceased father. The only objection pointed out by the concerned respondent is that the said 'Will' is not a registered one and as such, cannot be acted upon. 3. The learned counsel for the petitioner submits that the registration of the 'Will' is not mandatory and that apart, the Transfer of Registry Rules do not contemplate any such exercise. It is also stated that the 2nd respondent has to issue notice to all the legal heirs, in case of dispute. 4. Heard the learned Govt. Pleader as well. W.P.(C) No. 5732/2011 - 2 - 5. Taking note of the submissions made by the learned counsel for the petitioner that the petitioner is ready and willing to furnish the particulars of all the legal heirs, the 2nd respondent is directed to consider the matter and pass appropriate orders after giving an opportunity to the petitioner as well as all the legal heirs, within 'six weeks' from the date of furnishing the particulars of the legal heirs as aforesaid. Writ Petition is disposed of. P.R.RAMACHANDRA MENON JUDGE vdv