EAPEN CHACKO Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner and the additional 6th respondent are siblings. Their father executed Ext.P1 Will dated 23.03.2013. He died on 18.01.2016 as evidenced by Ext.P2 death certificate. The petitioner obtained Ext.P3 encumbrance certificate dated 04.03.2016 and thereafter, submitted an application before the 5th respondent Village Officer, Ambaloor Village, for mutation. The 5th respondent forwarded the said application to the 4th respondent Tahasildar, Mukundapuram Taluk, who has issued Ext.P4 communication dated 20.10.2016, whereby the petitioner is required to give clarification on fulfillment of the condition incorporated in Ext.P1 Will, in favour of the 6th respondent. Feeling aggrieved by Ext.P4, the petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to forthwith grant mutation in favour of the petitioner, without insisting any conditions. The petitioner has also sought for a writ of certiorari to quash Ext.P4 communication dated 20.10.2016.

(2.) By order dated 26.02.2021 in I.A.No.1 of 2021, the petitioner's sister was impleaded as additional 6th respondent. The learned Government Pleader took notice on admission for respondents 1 to 5. Urgent notice on admission by speed post was ordered to additional 6th respondent, returnable within three weeks. The learned Government Pleader was directed to get instructions.

(3.) Heard the learned counsel for the petitioner and also the learned Special Government Pleader for respondents 1 to 5. Despite service of notice, none appears for additional 6th respondent.