IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 26697 of 2007(C) ------------------------------------ PETITIONER(S): ------------------------ PADMAVATHY AMMA, KOVILAKATHU PADMA VILASOM, KOMALAM KUNNU, PUNALOOR. BY ADVS. MR.M.BALAGOVINDAN MR.M.R.SASITH RESPONDENT(S): ------------------------- 1. DISTRICT COLLECTOR, COLLECTORATE, KOLLAM. 2. REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER, KOLLAM. 3. ADDL.TAHSILDAR, TALUK OFFICE, PATHANAPURAM, PUNALOOR. BY GOVERNMENT PLEADER MR.V.TEKCHAND THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 26697 OF 2007 ......................................................................... Dated this the 24th March, 2009 J U D G M E N T The petitioner has approached this court seeking for a direction to the third respondent to consider the request of the petitioner to effect the 'change in registry' ('Mutation') in respect of the property stated as earmarked to her under Ext.P1 'Will' executed by her mother. 2. The case of the petitioner is that her brother Reghunathakurup died intestate and since he was unmarried, the mother of the deceased who was the sole surviving legal heir obtained all the rights and interests of the late Reghunathakurup over his property. It is submitted that the mother of the petitioner in turn executed Ext.P1 'Will' No. 114 of 1996 dated 03.12.1996 before the concerned Sub Registry and a few days thereafter, on 10.12.1996, the executant took her W.P.(C) No. 26697 OF 2007 2 last breath. The petitioner submits that despite production of a copy of Ext.P1 Will along with the requisite application to effect the 'change in registry' before the revenue authorities, the same was not properly dealt with and that the matter is still pending. 3. Pursuant to the direction given by this Court, the learned Government Pleader, on instructions, had submitted on 24.09.2007 that the reason for not effecting the 'change in registry' was because of the Civil Suit filed by the brother of the petitioner, by name Vikramakurup , which is pending before the Munsiff's Court, Punalur as O.S.No.108 of 2007, wherein the execution and genuineness of Ext.P1 Will has been subjected to challenge. 4. On recording the above submission, the matter was got adjourned by the petitioner for filing additional documents, which step is yet to be pursued. It is pointed out by the learned Government Pleader that the petitioner had earlier moved the Legal Service Authorities and that after ascertaining the actual facts and figures, the reason for not considering the request for effecting the 'change in registry' was duly communicated to her. W.P.(C) No. 26697 OF 2007 3 It is further stated that the petitioner is a party to O.S.108 of 2007 before the Munsiff's Court, Punalur and that the request of the petitioner for effecting the change in Registry can be considered only subject to the verdict to be passed by the said court. In the above facts and circumstances, there is absolutely no merit for any interference by this Court. The Writ Petition fails and it is dismissed accordingly, without prejudice to the right of the petitioner to pursue her rights and remedies before the civil court. P.R. RAMACHANDRA MENON, JUDGE. lk