JUDGMENT : Shaji P. Chaly, J. 1. According to the petitioners, petitioners are the only legal heirs of one Late. Joseph, who died on 1.12.2015. The said Joseph has left a Will in respect of his properties and the same is deposited with the second respondent. Even though petitioners applied for a copy of the Will deposited by the testator along with necessary supporting documents, second respondent as per Ext.P4 order dated 28.12.2016 rejected on the ground that since the Will is received through post, it cannot be treated as one received either for registering or for depositing in accordance with the terms of Rule 93(1) of the Registration Rules (Kerala) and as such copy cannot be allowed. The contention put forth by the petitioners is that, the Registrar on being satisfied that he is a duly authorised agent to receive the Will as provided under Clause (iii) of Rule 93, can issue a copy to the applicant It is thus challenging Ext.P4 and seeking other related reliefs, this writ petition is filed. 2. Heard learned counsel for the petitioner and learned Government Pleader. 3. The subject issue raised in this writ petition can be resolved by making a reference to Clauses (i) to (iii) to Rule 93 Rule 93 and Clauses (i) to (iii) read thus:- "93 (i) Wills sent by post to a Registering Officer are not presented for registration or deposited, within the meaning of the Act and Sections 42 to 46 are therefore inapplicable to them. (ii) If a cover purporting to contain a Will reaches a Registry by post, he shall return it unopened. Should the cover however be retained in the office because the address of the person to whom it should be returned is unknown, the Registrar shall record upon the cover the date of receipt and the fact that it was received by post and that it has not been secured under the Act as the terms thereof have not been complied with. (iii) A Will so received shall not be delivered to any applicant unless the Registrar is satisfied that such applicant is duly authorised to receive it, nor shall the cover be opened on an application under section 45, as it has not been deposited according to the provisions of Section 42." 4. (iii) A Will so received shall not be delivered to any applicant unless the Registrar is satisfied that such applicant is duly authorised to receive it, nor shall the cover be opened on an application under section 45, as it has not been deposited according to the provisions of Section 42." 4. On a reading of the aforesaid clauses it is categoric and clear that, a Will received by post is to be treated in a different manner than a Will submitted for deposit. Deposit is taken care of under Sections 42 to 46 of the Registration Act, 1908. The said provisions does not take care of a Will received by post. Therefore, the parameters and stipulations contained under Sections 42 to 46 need not be looked into for the purpose of tackling a situation contained under Rules 93 (i) to (iii) of the Registration Rules (Kerala). On a reading of Ext.P4 what I could gather is that, the second respondent has mistook the receipt of a Will by post as a Will received for the purpose of deposit. I am of the considered opinion that, the said view adopted by the second respondent cannot be sustained in view of the peculiar provisions contained under Rule 93 of the Registration Rules (Kerala). In that view of the matter Ext.P4 order cannot be sustained under law being arbitrary and without application of mind. Therefore, I quash Ext.P4 order and direct the second respondent to reconsider the issue and do the necessary, if the second respondent is attaining sufficient satisfaction as is provided under Clause (iii) of Rule 93 of Registration Rules (Kerala), after providing an opportunity of hearing to the petitioners and any other interested or affected persons, and attain finality to the same, within a month from the date of receipt of a copy of this judgment. Writ petition is disposed of accordingly.