IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 WP(C).No. 10191 of 2008(L) -------------------------- PETITIONER: ------------ N.PEETHAMBARAN, AGED 58 YEARS, S/O.T.KRISHNAN NAIR, SOUPARNIKA, ELAMAKKARA, KOCHI - 26. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENTS: ------------- 1. THE CORPORATION OF KOCHI, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, CORPORATION OF KOCHI. KOCHI. 3. THE MANAGING DIRECTOR, ROYAL CASTLE BUILDERS, IST FLOOR, CHICAGO PLAZA, RAJAJI ROAD, ERNAKULAM. 4. M.K.NARAYANAN KUTTY, AGED 47 YEARS, 'RAJAS', K.S.N.MENON ROAD, SOUTH OF SOUTH OVERBRIDGE, ERNAKULAM. 5. M.THANKAMMA, AGED 66 YEARS, 'RAJAS', K.S.N.MENON ROAD, SOUTH OF SOUTH OVERBRIDGE, ERNAKULAM. ADV. SRI.K.ANAND, SC, COCHIN CORPN.FOR R1 AND R2 SRI S.RAMESH BABU FOR R1 AND R2 SRI GEORGE POONTHOTTAM FOR R3 SRI.GEORGE MATHEW for R4 AND R5 SRI.K.S.HARIHARAPUTHRAN for R4 AND R5 SRI.M.D.SASIKUMARAN SRI.P.J.JOSEPH SRI.SUNIL KUMAR A.G THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C).No.10191/2008-L ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 4th day of April, 2008 J U D G M E N T Sri.George Mathew appearing for respondent Nos.4 and 5 placed before me copy of will No.112 of 1981 of the Sub Registrar, Ernakulam, and submited that the will which came into operation upon the demise of Krishnan Nair, the testator, does not provide for any bequest in favour of Sri.N.Peethambaran, the petitioner. Though Sri.Shanavas Khan, counsel for the petitioner wanted to seek instructions regarding the will in question, I am not inclined to grant time since I feel that the issue if at all will have to be settled before a competent court. I come to the conclusion that the prayers are not to be allowed. The writ petition is disposed of. It is however made clear that the petitioners remedy lies before the civil court are not foreclosed. PIUS C.KURIAKOSE, Judge ms