IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 WP(C).No. 37710 of 2008(L) -------------------------- PETITIONER(S): --------------- T.G. UNNIKRISHNAN, VADAKKE THEMMAYATHU HOUSE, PALACHUVADU, KAKKANAD P.O., KOCHI -30. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.S.S.HUSSAIN SRI.P.K.NIJOY RESPONDENT(S): --------------- 1. STATE OF KERLA, REPRESENTED BY THE SECRETARY TO GOVT. REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TAHSILDAR, TALUK OFFICE, KANAYANNUR. 3. THE VILLAGE OFFICER, VAZHAKKALA VILLAGE OFFICE, KAKKANAD P.O., KOCHI -30. SMT.SUDHADEVI, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.37710 of 2008 --------------------------------- Dated, this the 5th day of January, 2009 J U D G M E N T The petitioner submits that Late Shri.Parameswaran Nair had executed Ext.P2 will bequeathing his properties in his favour. According to the petitioner, Shri.Parameswaran Nair expired on 06/07/2005. As the petitioner had acquired the property as above, according to him, he filed an application before the 3rd respondent for getting the property mutated in his name. It is complained that the application is declined to be considered for the only reason that the will is not a registered document and that is the complaint in this writ petition. 2. In the nature of the complaint that is raised, this Court is not concerned about the validity or otherwise of the will, but only need to clarify that the will, being not a compulsorily registrable document, the 3rd respondent cannot decline to act upon the will for the only reason that the will is not registered. 3. If the petitioner makes a proper application for mutation producing the title deed i.e. the will, the 3rd respondent shall deal WP(C) No.37710/2008 -2- with the said application in accordance with law, without insisting for the will being a registered document. 4. The petitioner will produce a copy of the judgment before the 3rd respondent for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg