Kerala High Court
Karunakara Vijayadar vs State Of Kerala on 3 October, 2024
2024:KER:73386
O.P(C). No.1576 of 2024 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
OP(C) NO. 1576 OF 2024
AGAINST THE ORDER DATED 06.07.2022 IN IA NO.3/2022 IN
OS NO.119 OF 2021 OF MUNSIFF-MAGISTRATE COURT,MANANTHAVADY
PETITIONERS/APPLICANTS/PLAINTIFFS:
1 KARUNAKARA VIJAYADAR, AGED 69 YEARS
S/O. LATE SANKARAN NAMBIAR, IYRAVEETIL HOUSE,
KAMBETTY P.O., THAVINHAL VILLAGE, MANANTHAVADY,
WAYANAD DISTRICT, PIN - 670644
2 KAMALAKSHI A.,AGED 61 YEARS
D/O. LATE SANKARAN NAMBIAR, KOLADY HOUSE,
PORUR WAYANAD P.O. VALAD VILLAGE, MANANTHAVADY,
WAYANAD DISTRICT, PIN - 670644
3 ANIRUDHAN A.S., AGED 55 YEARS
S/O. LATE SANKARAN NAMBIAR, PUTHIYAVEETTIL HOUSE,
NEERVARAM P.O., PANAMARAM, MANANTHAVADY TALUK,
WAYANAD DISTRICT, PIN - 670721
4 SUBADRA, AGED 59 YEARS
D/O. LATE SANKARAN NAMBIAR, KAILASA MANDIRAM,
KAMBETTY P.O., THAVINHAL VILLAGE, MANANTHAVADY,
WAYANAD DISTRICT, PIN - 670644
5 VIJAYALAKSHMI A.S.,AGED 55 YEARS
D/O. LATE SANKARAN NAMBIAR, THOOPPUMKARA HOUSE,
ARATTUTHARA PO, MANANTHAVADY VILLAGE,
WAYANAD DISTRICT, PIN - 670645
6 AYYAPPAMANI,AGED 51 YEARS
S/O. LATE SANKARAN NAMBIAR, CHENGILERI PUTHENVEEDU,
KAMBETTY P.O., THAVINHAL VILLAGE, MANANTHAVADY,
WAYANAD DISTRICT, PIN - 670644
7 CHANDRABANU,AGED 51 YEARS
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S/O. LATE SANKARAN NAMBIAR, CHENGILERI PUTHENVEEDU,
KAMBETTY P.O., THAVINHAL VILLAGE, MANANTHAVADY,
WAYANAD DISTRICT, PIN - 670644
8 VALSALA, AGED 69 YEARS
D/O. LATE ANANDAN NAMBIAR,
CHERUMUNDA PUTHIYAVEEDU VIMALANAGAR PO,
MANANTHAVADY, WAYANAD DISTRICT, PIN - 670645
9 RAJ MOHANAN, AGED 61 YEARS
S/O. LATE ANANDAN NAMBIAR KALLATHUMMAL HOUSE,
EDAVAKA PO EDAVAKA VILLAGE, MANANTHAVADY,
WAYANAD DISTRICT, PIN - 670645
10 BALAKRISHAN, AGED 57 YEARS
S/O. LATE ANANDAN NAMBIAR CHERUMUNDA HOUSE
VIMALANAGAR PO, MANANTHAVADY,
WAYANAD DISTRICT, PIN - 670645
11 BINDU NIRMALA, AGED 52 YEARS
D/O. LATE ANANADAN NAMBIAR PRANAVAM HOUSE,
THARUVANA PO PORUNNANORE VILLAGE,
MANANTHAVADY WAYANAD DISTRICT, PIN - 670645
12 REENA KUMARI, AGED 52 YEARS
D/O. LATE ANANDAN NAMBIAR PUTHIYAVEEDU HOUSE
VIMALANAGAR PO, MANANTHAVADY TLK,
WAYANAD DISTRICT, PIN - 670645
13 CHANDRASEKHARAN, AGED 48 YEARS
S/O. LATE ANANDAN NAMBIAR CHERUMUNDA HOUSE
VIMALANAGAR PO, MANANTHAVADY,
WAYANAD DISTRICT, PIN - 670645
14 MALLIKA M., AGED 64 YEARS
D/O. LATE KRISHNAN NAMBIAR CHENGUNI HOUSE
MANANTHAVADY PO, MANANTHAVADY VILLAGE,
WAYANAD DISTRICT, PIN - 670645
15 VASUMATHI M., AGED 60 YEARS
D/O. LATE KRISHNAN NAMBIAR MELEKANNONIMMEL HOUSE
ELLUMANNAM PO, EDAVAKA VILLAGE, MANANTHAVADY,
WAYANAD DISTRICT, PIN - 670645
16 INDIRA M.,AGED 54 YEARS
D/O. LATE KRISHNAN NAMBIAR MELEPUTHIYEDATH HOUSE
ANJUKUNNU PO, ANJUKUNNU VILLAGE,
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O.P(C). No.1576 of 2024 3
WAYANAD DISTRICT, PIN - 670645
17 VINODINI M., AGED 51 YEARS
D/O. LATE KRISHNAN NAMBIAR MELEKANNONIMMEL HOUSE
ELLUMANNAM PO, EDAVAKA VILLAGE, MANANTHAVADY,
WAYANAD DISTRICT, PIN - 670645
18 GEETHA A.K.,AGED 55 YEARS
D/O. LATE KUNHIRAMAN NAMBIAR AYIKUNNEL HOUSE
MAKKIYAD PO, THONDERNAD VILLAGE, MANANTHAVADY,
WAYANAD DISTRICT, PIN - 670731
19 GIRIJA A.K.,AGED 51 YEARS
D/O. LATE KUNHIRAMAN NAMBIAR SHOBIKA NIVAS,
KARIMKUTTY PO KOTTATHARA VILLAGE, VYTHIRI TALUK
WAYANAD DISTRICT, PIN - 673122
20 RAJANI A.K., AGED 51 YEARS
D/O. LATE KUNHIRAMAN NAMBIAR NARAYAN
CHUMARTH HOUSE, ADALOOR PO, THAVANOOR VILLAGE,
MALAPPURAM DISTRICT, PIN - 679573
21 PRAMOD A.K., AGED 47 YEARS
S/O. LATE KUNHIRAMAN NAMBIAR RAJANI PURAM,
KAMPETTY PO THAVINHAL VILLAGE,
MANANTHAVADY WAYANAD DISTRICT, PIN - 670644
22 SARITHA A.K.,AGED 40 YEARS
D/O. LATE KUNHIRAMAN NAMBIAR KUNNATH HOUSE,
KAVILAMPARA PO THOTTILPALAM VILLAGE,
KOZHIKODE DISTRICT, PIN - 673513
23 PRAVEEN A.K.,AGED 41 YEARS
S/O. LATE KUNHIRAMAN NAMBIAR RAJANI PURAM,
KAMPETTY PO THAVINHAL VILLAGE, MANANTHAVADY
WAYANAD DISTRICT, PIN - 670644
24 SREEJA V.,AGED 51 YEARS
D/O. GOPALAN NAMBIAR PONNENVEETTIL HOUSE
PUTHUKODE PO, VAZHYUR VILLAGE
MALAPPURAM DISTRICT, PIN - 673633
25 PRASANNA C.A.,AGED 59 YEARS
D/O. LATE YESODHA ARUN NIVAS,
PO KUNNAMANGALAM WAYANAD NALLORNAD VILLAGE,
MANANTHAVADY WAYANAD DISTRICT, PIN - 670645
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26 RENUKA C.,AGED 57 YEARS
D/O. LATE YESODHA ASWATHI NIVAS, CHERUKATTOR PO
CHERUKATTOR VILLAGE, MANANTHAVADY,
WAYANAD DISTRICT, PIN - 670645
27 DEVAKI C.A.,AGED 51 YEARS
D/O LATE YESODHA ARCHANA HOUSE, THARUVANA PO
PORUNNANORE VILLAGE, MANANTHAVADY
WAYANAD DISTRICT, PIN - 670645
28 VINAYAN C.A.,AGED 46 YEARS
S/O. LATE YESODHA VINAYAPURAM HOUSE KAMMANA PO,
NALLOORNAD VILLAGE WAYANAD DISTRICT, PIN - 670645
29 AMBUJAKSHY V.A.,AGED 75 YEARS
W/O. LATE NARAYANAN NAMBIAR A. ALANCHERY HOUSE
KAMMANA PO, NALLOORNAD VILLAGE MANANTHAVADY,
WAYANAD DISTRICT, PIN - 670645
30 ANIL KUMAR A.N.,AGED 54 YEARS
S/O. LATE NARAYANAN NAMBIAR A.,
MUCHIRAMKANDI HOUSE ANJUKUNNU PO,
ANJUKUNNU VILLAGE, MANANTHAVADY,
WAYANAD DISTRICT, PIN - 670645
31 RAJEES SOBHA, AGED 50 YEARS
D/O. LATE NARAYANAN NAMBIAR A.
CHUZHALIMMAL HOUSE ELLUMENNAN PO, EDAVAKA VILLAGE
MANANTHAVADY, WAYANAD DISTRICT, PIN - 670645
32 RAJITH KUMAR, AGED 47 YEARS
S/O. LATE NARAYANAN NAMBIAR A. ALANCHERY HOUSE
KAMMANA PO, NALLOORNAD VILLAGE MANANTHAVADY,
WAYANAD DISTRICT, PIN - 670645
BY ADVS.
P.M.PAREETH
NAJEEB P.S
NAJAH EBRAHIM V.P.
RESPONDENT/RESPONDENTS/DEFENDANTS:
1 STATE OF KERALA
REPRESENTED BY DISTRICT COLLECTOR, WAYANAD,
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O.P(C). No.1576 of 2024 5
CIVIL STATION, KALPETTTA,
WAYANAD DISTRICT, PIN - 673122
2 TALUK TAHSILDAR
MANANTHAVADY TALUK OFFICE, MANANTHAVADY PO,
WAYANAD DISTRICT, PIN - 670645
OTHER PRESENT:
SRI. S.UNNIKRISHNAN, GP
THIS OP (CIVIL) HAVING BEEN FINALLY ON 03.10.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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O.P(C). No.1576 of 2024 6
VIJU ABRAHAM, J.
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O.P(C). No.1576 of 2024
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Dated this the 3rd day of October, 2024
JUDGMENT
The above original petition is filed seeking to set aside Ext.P4 order dated 06.07.2022 in I.A.No.3 of 2022 in O.S.No.119 of 2021 on the file of the Munsiff Court, Mananthavady.
2. Petitioners are plaintiffs 2 to 33 in O.S.No.119 of 2021 on the file of the Munsiff-Magistrate Court, Mananthavady. 1 st plaintiff expired and plaintiffs 30 to 33 are his legal heirs. The suit is for a declaration that the plaintiffs are the legal heirs of deceased Kannan Nair who expired on 19.12.1949. Though the 1 st plaintiff approached the 1st respondent with an application for legal heirship certificate of late Kannan Nair the same was refused on the ground that the heirs are residing in different Villages and it is difficult to find out who are all the legal heirs and the 1st plaintiff was directed to approach the competent civil court. It is in the said circumstances that the present suit was initiated. In order to substantiate the contentions of the 2024:KER:73386 O.P(C). No.1576 of 2024 7 plaintiffs, they have filed Ext.P3 application for ordering paper publication to seek any objection to the declaration sought for which has now been rejected as per Ext.P4, the order impugned herein. Petitioners contended that one of the reasons stated for issuing Ext.P4 order is that the death of Kannan Nair was not registered in any local body institution. To which the learned counsel for the petitioners submits that Ext.P5 is the death certificate issued by the local authority.
3. I have heard the learned counsel for the petitioners and the learned Government Pleader.
4. The trial court has rejected the application mainly on the ground that this is not a representative suit filed invoking Order I Rule 8 CPC which mandates paper publication to persons interested. The present suit is filed for a declaration that the petitioners are the legal heirs of deceased Kannan Nair for which the petitioners have adduced evidence in support of their contentions. Learned counsel for the petitioners did not point out any provision of law which enable them or rather require them to make a paper publication seeking objection if any before the declaration has been granted by the court. It is also to be noted that this is an order which was passed as early as on 06.07.2022.
2024:KER:73386 O.P(C). No.1576 of 2024 8 Taking into consideration the above facts and circumstances I am not inclined to interfere with Ext.P4 order. Accordingly the original petition is dismissed leaving open all the contentions of the petitioners.
Sd/-
VIJU ABRAHAM JUDGE cks 2024:KER:73386 O.P(C). No.1576 of 2024 9 APPENDIX OF OP(C) 1576/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE PHOTOCOPY OF THE PLAINT IN OS NO. 119/2021 ON THE FILE OF MUNSIFF COURT, MANANTHAVADY ALONG WITH A TYPED COPY OF EXHIBIT P1 Exhibit P2 A TRUE PHOTOCOPY OF THE WRITTEN STATEMENT DATED 19-02-2022 ISSUED BY THE RESPONDENTS Exhibit P3 A TRUE PHOTOCOPY OF THE I.A. NO.
3/2022 IN O.S. NO. 119/2021 DATED 08- 03-2022 AND THE ACCOMPANYING AFFIDAVIT Exhibit P4 A TRUE PHOTOCOPY OF THE ORDER DATED 06-07-2022 IN I.A. NO. 3/2022 IN O.S. NO. 119/2021 Exhibit P5 A TRUE PHOTOCOPY OF THE DEATH CERTIFICATE DATED 07-07-2021 ISSUED BY REGISTRAR OF BIRTH AND DEATH, THAVINHAL GRAMA PANCHAYATH