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Judgment
Dr. Kauser Edappagath, J
The petitioners are the wife and children of late T.K. Gangadharan who owned 22.559 Ares of property situated in Sy.No.310/112 and 311/64 of Chevayur Village, Kozhikode Taluk. During the life time of late T.K. Gangadharan, he had executed a Will bequeathing the property to the 3rd petitioner reserving the life interest to the 1st petitioner. The 1st petitioner made a request to the 3rd respondent to receive tax from her with respect to the property on the strength of Ext.P3 Will. The petitioners 2 and 3 expressed no objection in accepting the tax from the 1st petitioner. However, as per Ext.P5, the 3rd respondent insisted the 1st petitioner either to probate the Will or to obtain consent letter from the legal heirs of the late Gangadharan. It is challenging Ext.P5, the petitioner has approached this Court.
I have heard Sri. V.V. Surendran, the learned counsel for the petitioners and Smt. Vidya Kuriakose, the learned Government Pleader.
Late Gangadharan has left behind him the petitioners as well as another son namely Sunil. It is pleaded in the writ petition that Sri. Sunil is not heard of for the past several years. All other legal heirs are in the party array and they have no objection in accepting tax from the 1st petitioner. The learned counsel for the petitioner submits that since Sri. Sunil is not heard of for the last several years, the 1st petitioner is not in a position to obtain his consent letter.
In these circumstances, I am of the view that the 3rd respondent is not justified in insisting either to get the Will probated or to get a consent letter from the unknown legal heir. The 3rd respondent is directed to accept the land tax from the 1st petitioner. However, it is made clear that the acceptance of land tax from the 1st petitioner will not prevent Sri. Sunil from raising any objection regarding the Will before appropriate forum. The writ petition is disposed of.