G.M. IDICULLA Vs. STATE OF KERALA, REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE,KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001 AND OTHERS

JUDGEMENT

(1.) The petitioner has approached this Court seeking the following reliefs:

(2.) Heard learned counsel for the petitioner and the learned Government Pleader.

(3.) It is submitted by learned counsel for the petitioner that the petitioner and his wife late Sarasu Idicula had executed Exhibit P1 will dated 23.8.2007. It is stated that the properties, which were in the joint ownership, possession and enjoyment of the petitioner and his wife had been dealt with in Exhibit P1 will. The recital in Exhibit P1 was to the effect that the properties would devolve on the survivor among the spouses and after the death of both the spouses, the properties would devolve on their children. It is stated that the petitioner's wife predeceased him and the petitioner thereupon has preferred an application for mutation of the properties covered by Exhibit P1 will. The said request was rejected by the Village Officer by Exhibit P4, on the ground that the will did provide for mutation of the properties on the survivor among the spouses. Though the petitioner taken up the matter in appeal, the orders were reiterated by the appellate authority as well. Challenging the orders refusing to effect mutation in the petitioner's name, the petitioner has approached this Court.