IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 2394 of 2009(I) -------------------------------- PETITIONERS : ---------------------- HAMEEDA BEEVI, D/O. LATE MARIYAM BEEVI, KOTTAPAKKU HOUSE, MARKET ROAD, THIRUVANANTHAPURAM, NOW RESIDING AT SANI BHAVAN, SREENAGAR, PARUTHIPARA, MUTTADA.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.B.SATHIQ SRI.C.ANIRUDHAN RESPONDENTS : -------------------------- 1. DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 2. THAHSILDAR, TALUK OFFICE, THIRUVANANTHAPURAM. 3. VILLAGE OFFICER, MANACAUD VILLAGE OFFICE, MANACAUD, THIRUVANANTHAPURAM. BY SRI. P.N. SANTHOSH, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ----------------------------- W.P.(C) No. 2394 of 2009 -------------------------------------- Dated this the 23rd day of January, 2009 JUDGMENT Petitioner submits that on the strength of Exhibit P1 registered Will, she acquired title over two plots of land situated in Manacaud Village. It is stated that thereupon she applied for effecting mutation as per Exhibits P3 and P4. However, the second respondent refused to act upon Exhibits P3 and P4 since that the Will is not probated. Counsel submits that in law, Exhibit P1 Will is not required to be probated and therefore, the insistence of the second respondent in that behalf is illegal. If as a matter of fact, law does not require the Will to be probated, if the Will is otherwise a genuine document, there is no reason to insist the Will to be probated for acting upon Exhibits P3 and P4 made by the petitioner. Therefore, the second respondent is directed to take necessary action in Exhibits P3 and P4, expeditiously as possible at any rate within four weeks of production of copy of this judgment. The petitioners shall produce a copy of this judgment along with a copy of this writ petition before the second respondent for compliance. ANTONY DOMINIC, JUDGE scm