IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 WP(C).No. 31819 of 2009(V) -------------------------- PETITIONER(S): --------------- ROSILY SEBASTIAN, VARDALAKKUZHIYIL HOUSE, ATHIRAMPUZHA.P.O, KOTTAYAM, NOW RESIDING AT PULAYARUTHOTTATHIL, KALATHOOR.P.O, KURAVILANGAD. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM. 2. DISTRICT SURVEY SUPERINTENDENT, COLLECTORATE, KOTTAYAM. 3. THE TAHSILDAR, KOTTAYAM. 4. VILLAGE OFFICER, VILLAGE OFFICE, ATHIRAMPUZHA.P.O, KOTTAYAM. BY GP SRI.V.MANU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31819 of 2009 APPENDIX EXHIBITS EXT.P1- A TRUE COPY OF THE WILL NO.163/111/2000 DATED 3.12.00 EXT.P2- A TRUE COPY OF THE APPLICATION DATED 20..8.07 FILED BEFORE THE VILLAGE OFFICER, ATHIRAMPUZHA EXT.P3- A TRUE COPY OF the APPLICATION DATED 12.12.07 EXT.P4- A TRUE COPY OF THE APPLICATION DATED 15.2.08 (TRUE COPY) P.A TO JUDGE ANTONY DOMINIC, J. ------------------ WP(C) No.31819 of 2009 -------------------------- Dated, this the 28th day of January, 2010 JUDGMENT 1. Petitioner's claim is that she has inherited certain properties on the strength of Ext.P1, a will executed by one Claramma. According to the petitioner, on the strength of Ext.P1 will, she made Ext.P2 application for mutation of the properties. It is stated that as there was no response on Ext.P2 application, she moved the Tahsildar by filing Ext.P3, to which also there was no response. It is in these circumstances, the writ petition is filed. 2. As already pointed out by the learned Government Pleader, the Transfer of Registry Rules prescribes the form in which an application for mutation should be made. Ext.P2 application is not in the prescribed form and it can be taken only as a representation. In view of the above, this Court will not be justified in directing consideration of Ext.P2 representation made by the petitioner. 3. Be that as it may, since the petitioner claims the ownership of the properties under Ext.P1 will, it is directed that it will be open to W.P.(C).31819/09 2 the petitioner to make an application as provided in the Transfer of Registry Rules to the 4th respondent in which event 4th respondent shall pass orders thereon, after conducting necessary enquiries in that behalf. This shall be done as expeditiously as possible, at any rate, within six weeks of receipt of the application from the petitioner. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs