IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO. 17511 OF 2022
PETITIONER/S:
MALIK FARHAN P.,
AGED 12 YEARS
S/O LATE. ABDUL RAHMAN, RESIDING AT 'AL-SALAM MANZIL',
PILANKATTA, PERDALA P.O, BADIYADKA, KASARAGOD - 671551,
[MINOR] THROUGH HIS MOTHER, RAFEENA, AGED 41 YEARS, W/O
LATE ABDUL RAHMAN, RESIDING AT 'AL-SALAM MANZIL',
PILANKATTA, PERDALA P.O, BADIYADKA, KASARAGOD - 671551.
BY ADVS.
S.MUHAMMED HANEEFF
M.H.ASIF ALI
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,
SECRETARIAT, THIRUVANANTHAPURAM - 695001.
2 DISTRICT COLLECTOR, COLLECTORATE,
CIVIL STATION, VIDYANAGAR, KASARAGOD - 671123.
3 THAHSILDAR,
TALUK OFFICE, KASARAGOD, COURT ROAD, NEAR MALLIKARJUNA
TEMPLE, KASARAGOD - 671123.
4 VILLAGE OFFICER, KUMBADAJE VILLAGE OFFICE,
AGALPADY FRANK M R P ST ROAD, MARPANADKA, KASARAGODE -
671551.
OTHER PRESENT:
G PAMMINIKUTTY K.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17511 OF 2022
2
JUDGMENT
Dated this the 14th day of June, 2022 The petitioner is the 3rd child of late Abdu Rahiman Pilakkatta and thereby, one among his legal heirs. The petitioner's father died on 1.2.2009 and the petitioner was born thereafter, on 16.9.2009. As a result, the petitioner's name was not included in the legal heirship certificate issued prior to her birth. Therefore, the petitioner's mother sought correction of the legal heirship certificate. As there is no provision for correction, one of the legal heirship certificate is issued, the petitioner's mother was directed to approach the civil Court. This writ petition is filed seeking a direction to the 3 rd respondent to cancel Ext.P3 legal heirship certificate and to issue a fresh certificate after by including the petitioner's name also.
2.Learned Government Pleader submits on instructions that, the petitioner's mother had submitted an application for cancellation of the legal heir ship certificate and accordingly the original certificate, which does not contain the petitioner's name, was canceled. Thereupon, the petitioner's mother applied for issuance of fresh legal heirship certificate, and accordingly due enquiry was conducted and the certificate including the petitioner's name notified in the official Gazette on 7.6.2022. It is submitted that as per the procedure WP(C) NO. 17511 OF 2022 3 prescribed, legal heirship certificate has to be issued within one month of publication of the notification. The above submissions make it clear that the petitioner's grievance does not subsist any longer.
The writ petition is hence closed, recording the submission of the learned Government Pleader and directing the 3rd respondent to issue the legal heirship certificate in accordance with the prescribed procedure.
Sd/-
V.G ARUN JUDGE SJ WP(C) NO. 17511 OF 2022 4 APPENDIX OF WP(C) 17511/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE DEATH CERTIFICATE DT.
02.02.2009 ISSUED BY THE NATIONAL HEALTH AUTHORITY, DOHA-QATAR.
Exhibit P2 A TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER DT. 08.04.2010 ISSUED BY REGISTRAR OF BIRTHS & DEATHS, KASARAGOD MUNICIPALITY. Exhibit P3 A TRUE COPY OF THE LEGAL HEIR CERTIFICATE DT.
05.03.2010 ISSUED BY THE 3RD RESPONDENT. Exhibit P4 A TRUE COPY OF THE COMMUNICATION BEARING NO.
C27339/21 DT. 06.09.2021 ISSUED BY THE 3RD RESPONDENT.