Anjali Philip @ Anjali Anna Philip vs Village Officer

C.Jayachandran, J

The grievance espoused by the petitioner is one concerning mutation of land having an extent of 2.86 acres, covered by Ext.P1 unregistered Will dated 20.03.1998.

The petitioner would contend that, although mutation in respect of the said property has been sought for before the 1st respondent, the proceedings have not been finalised yet. The petitioner was first directed by the 1st respondent/Village Officer to produce the witnesses to the Will, which direction has been complied with. Thereafter, the 1st respondent/Village Officer directed the petitioner to produce affidavits by all the legal heirs in token of acceptance of the Will, which course, according to the learned counsel for the petitioner, is illegal and without authority or jurisdiction. The Village Officer concerned is not competent or empowered to conduct a roving enquiry into the so called validity of the Will, for the sole purpose of effecting a mutation and that mutation of the property confers no title, as well, is the final submission.

Without entering into the merits of the matter, this Writ Petition is disposed of, directing the 1st respondent Village Officer to finalise the proceedings, wherein the petitioner had sought for mutation of her property having an extent of 2.86 acres of land covered by Ext.P1 Will, within a period of one month from today (20.05.2024). The above referred legal contention with respect to the limited power/jurisdiction of the Village Officer in the matter of mutation shall also be borne in mind and properly addressed by the Village Officer, while taking a call in the proceedings.