ORDER

It is an unfortunate case relating to death of a mentally challenged individual.

2.This Writ Petition seeks for a Mandamus to exhume the body of one Samraj, who has been buried in a house property at Door No.8/165A at Painkulam Village Panchayat in Re.Survey No.25/9 of Painkulam Village, Killiyur Taluk, Kanyakumari District and to bury the body at the family burial ground in R.S.No.25/5 of the very same village.

3.A couple by name, Thankappan and Muthabaranam, were residing in Painkulam Village. From their wedlock, they had four children. They are

(1)Cicil Raj

(2)Samraj

(3)Robinson

(4)T.Sunny

4.Thankappan was the owner of the property situated in Door No. 8/165A at Painkulam Village Panchayat, Killiyur Taluk, Kanyakumari District. He had executed a “WILL” in favour of his wife, Muthabaranam. The WILL is a registered document in Doc.No.32/1998. He passed away on 05.06.1998.

5.On his death, Muthabaranam became the absolute owner of the property. She continued to reside therein. She executed a WILL bequeathing an extent of 19.526 cents in R.S.No.25/9 of Painkulam Village in favour of his son Sunny. Subsequently, she registered a sale deed for the very same property in his favour.

6.By wa