JUDGEMENT
Sunil Thomas, J. -
(1.)The writ petitioner seeks to review the judgment of this court dtd. 6/9/2021 in W.P.(C) No. 3061/2021.
(2.)The essential facts, as disclosed from the writ petition are that, the writ petitioner and the first and the second respondents are the children born to the third respondent in her matrimonial relationship with one Rajappan. Rajappan owned an item of property. After his death, the property devolved on the petitioner and the respondents 1 to 3 in equal shares. According to the petitioner, while they were in joint possession of the property, dispute regarding title arose and hence he filed O.S. No. 484/2020 before the Munsiff Court, Alappuzha, seeking injunction. First respondent resisted the suit relying on a Will stated to have been executed by Rajappan and registered as document No. 82/2019/III of Mararikulam SRO, in favour of the first respondent. By virtue of the above Will, the first respondent claimed absolute title over the property. Thereafter, the writ petitioner filed O.S. No. 504/2020 of Munisiff Court, Alappuzha for setting aside the Will and for partition of the property. The suit is pending. Apprehending that, in the meanwhile, the first respondent may try to change the Registry claiming right on the basis of the Will, the petitioner issued notice to the Tahsildar requiring him not to effect mutation of the property, in favour of the first respondent. Apprehending that not withstanding the above and the pendency of O.S. No. 504/2020, the Tahsildar may effect mutation, the writ petition was filed. The relief sought in the writ petition was to direct the 4th respondent not to effect mutation of the property pending the suit.
(3.)The first respondent appeared and contested the proceedings, claiming that he had absolute right over the property, that the change of Registry was for fiscal purposes only and that the disputes relating to title are to be adjudicated by the court of Law. It was contended that the officers maintaining the revenue records are not expected to go into disputed contentious issue. It was further contended that their obligation was to effect mutation or change of registry on the basis of the registered documents made available to them.
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