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V.Viswanatha Kamath vs State Of Kerala

High Court Of Kerala|26 May, 2014
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JUDGMENT / ORDER

The petitioner has approached this Court inter alia seeking for a direction to the first respondent to take necessary action in the application for mutation submitted by the petitioner. 2. The learned Government Pleader on instructions would submit that mutation was not effected, since the petitioner has produced only a notarised copy of the Will under which he claimed title to the property. That apart, it is seen that the petitioner had issued notice under Section 80 of the Code of Civil Procedure with the revenue authorities with reference to the very same can of action.
3. Having regard to the nature of contention raised by either side, I am of the view that this writ petition can be disposed as under:
Second respondent shall consider the request for mutation in respect to the property of the petitioner on the basis of the Will after hearing the affected parties or legal heirs of the deceased and necessary orders may be passed W.P.(C) No.9717 OF 2012 2 without insisting on the original Will. This may be done within a period of three months from the date of receipt of a copy of this judgment.
A.M.SHAFFIQUE, JUDGE jm/
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Title

V.Viswanatha Kamath vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
26 May, 2014
Judges
  • A M Shaffique
Advocates
  • Sri
  • K L Joseph