Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 26TH DAY OF JULY 2013 4TH SRAVANA, 1935 WP(C).No. 16242 of 2013 (E) ---------------------------- PETITIONER(S): ------------- 1. NEETHA PHILLY, W/O. LATE PHILLY C.PHILIP, CHACKALAPARAMBIL, BOSE NAGAR, COCHIN-20.
2. ASWATHY PHILIP, W/O.LATE C.P.PHILIP, APT.NO.3 B, FALCON HEIGHTS, SOUTH JANATHA ROAD, PALARIVATTOM. BY ADVS.SRI.SATHISH NINAN SRI.SANTHOSH MATHEW SRI.ARUN THOMAS SRI.JENNIS STEPHEN. RESPONDENT(S): -------------- 1. THE TAHSILDAR KANAYANNUR TALUK, ERNAKULAM DISTRICT-682 011.
2. THE VILLAGE OFFICER, ELAMKULAM VILLAGE, ERNAKULAM DISTRICT-682 011. BY SENIOR GOVERNMENT PLEADER SRI.K.C.VINCENT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rvs. WP(C).No. 16242 of 2013 (E) APPENDIX PETITIONER(S)' EXHIBITS : ------------------------ EXT.P1 - TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE DATED 23 8-2011 BEARING NO.5766/2011/A5 ISSUED BY THE FIRST RESPONDENT. EXT.P2 - TRUE COPY OF THE APPLICATION DATED 22 5-2012 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. EXT.P3- TRUE COPY OF THE REPORT OF THE SECOND RESPONDENT DATED NIL. RESPONDENT(S)' EXHIBITS : ----------------------- NIL. /True Copy/ P.A.TO JUDGE rvs. P.R. RAMACHANDRA MENON, J.
:::::::::::::::::::::::::::::::::::::::::::::::: W.P.(C). No. 16242 of 2013 ...................................................... Dated this the 26th day of July, 2013 JUDGMENT The petitioners have approached this Court, being aggrieved of Ext.P1 Legal Heirship Certificate showing the 2nd petitioner also as one of the legal heirs of her deceased son.
2. The 1st petitioner is the widow of the deceased Philly C Philip, who took his last breath on 22.03.2011. Two children are there in the wedlock between the 1st petitioner and the deceased. After the demise of the husband of the 1st petitioner, an application was preferred before the 1st respondent for issuance of Legal Heirship Certificate, wherein the name of the 2nd petitioner (who is the mother of the deceased) was also shown and accordingly, Ext.P1 came to be issued after completing the procedural formalities. It was thereafter, that the petitioners came to understand that the mother of the deceased was not a legal heir under the relevant provisions of the Indian Succession Act. Accordingly, Ext.P2 application was preferred by the 1st petitioner before the 1st respondent, seeking for correction of W.P.C. No. 16242 of 2013 -2- Ext.P1, deleting the name of the 2nd petitioner from the Legal Heirship Certificate issued already. A report was called for from the Village Officer who submitted the same as per Ext.P3, wherein the factual particulars have been given virtually supporting the cause projected by the petitioners. The delay in finalizing Ext.P2 made the petitioners to approach this Court by filing this writ petition.
3. Heard the learned Government Pleader as well, who points out that, Ext.P1 Certificate came to be issued on the basis of the application preferred by the parties concerned, also showing the name of the 2nd petitioner herein as one of the legal heirs. The same was issued after completing the procedural formalities, including Gazette notification inviting objections, if any. But the fact remains that, by virtue of the statutory prescription, the mother of the deceased is not a legal heir as per the Indian Succession Act and the correct legal position is conceded by the 2nd petitioner herself, who is the mother of the deceased and who wrongly came to be included in Ext.P1 Certificate. It is in the said circumstance, that the mother of the deceased also chose to join hands with the 1st petitioner W.P.C. No. 16242 of 2013 -3- (daughter-in-law), to come up before this Court for getting appropriate relief.
4. After hearing both the sides, this Court finds that Ext.P1 issued by the 1st respondents showing the legal heirs by including the 2nd petitioner also as one of the legal heirs of the deceased son, is not correct. It is set aside, being contrary to the mandate of Indian Succession Act. There will be a direction to the 1st respondent to consider Ext.P2, treating the same as a fresh application and pass appropriate orders after completing the procedural formalities, including by way of Gazette notification. The proceedings as above shall be finalized as expeditiously as possible. The original of Ext.P1 Legal Heirship Certificate, now with the 1st petitioner, shall be surrendered before the 1st respondent for further steps. Writ petition is disposed of. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the 1st respondent for further steps. P.R. RAMACHANDRA MENON, JUDGE. kp/-