Shyamla K Drepresented By Power Of Attorney Holder, Mr. Manangath Rajan Saju vs Village Officer, Thalikulam Village Office

Gopinath P., J

Petitioner has approached this Court, seeking a limited relief. Petitioner prays that Ext.P10 appeal filed by the petitioner under the provisions of the Transfer of Registry Rules, against the proceedings of the village officer, may be considered and disposed of by the 2nd respondent, within a time frame to be fixed by this Court.

Learned counsel appearing for the petitioner submits that the petitioner is one of the legal heirs of late M.K. Rajan. It is submitted that mutation was sought in the name of the petitioner alone in respect of the properties belonging to late M.K. Rajan and the said application was supported by the affidavit of other legal heirs of late M.K. Rajan, who had no objection in mutation being effected in the name of the petitioner alone. Petitioner also claims that, in terms of the Will executed by late M.K. Rajan, petitioner is entitled to succeed to the property to the exclusion of other legal heirs. Learned counsel for the petitioner submits that the Will executed by late M.K. Rajan and any other document executed by the other legal heirs of late M.K. Rajan, may be considered by the 2nd respondent while disposing Ext.P10 appeal.

Heard the learned Senior Government Pleader also.

Having regard to the facts and circumstances of the case and having regard to the limited nature of relief sought for by the petitioner, this writ petition will stand disposed of, directing the 2nd respondent to consider and pass orders on Ext.P10 appeal filed by the petitioner, within a period of three months from the date of receipt of a certified copy of this judgment, in accordance with law and after affording an opportunity of hearing to the petitioner. Any document that may be produced before the 2nd respondent may also be considered by the 2nd respondent while disposing of Ext.P10 appeal.

The writ petition is disposed of as above.