Kerala High Court
Geetha C.B vs The Tahsildar on 2 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942
WP(C).No.28205 OF 2020(A)
PETITIONER:
GEETHA C.B
AGED 56 YEARS
W/O LATE.C.K.VISWANATHAN, CHOZHIYATHODI HOUSE,
KANNAMPARIYARAM, MANKARA.P.O, PALAKKAD.
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENTS:
1 THE TAHSILDAR
TALUK OFFICE,PALAKKAD.P.O,
PALAKKAD-678002.
2 KANAKAM @ KARTHYAYANI,
AGED 60 YEARS
D/O.VELAPPAN, KUNNATH HOUSE,
PANNIYAMPADAM, MUTTIKULANGARA,
PUDUPARIYARAM, PALAKKAD-678594.
OTHER PRESENT:
SMT.PRINCY XAVIER, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.28205 OF 2020(A)
2
J U D G M E N T
Petitioner, who is found to be the legally
wedded wife of late C.K.Viswanathan, has approached
this Court again despite the direction issued in
Ext.P9 judgment by which the first respondent was
directed to take appropriate action on the request of
the petitioner for legal heirship certificate. In the
judgments Exts.P7 and P8 rendered as early as on
15.01.2001 in O.S.No.196/1993 and 25.02.2009 in
A.S.No.108/2006 respectively, the Civil Court has
found the petitioner as the legally wedded wife of
late C.K.Viswanathan.
2. It is stated that petitioner had submitted
the application for legal heirship certificate in
order to produce the same before the pension
sanctioning authority and to enable her to draw
family pension, as the deceased C.K.Viswanathan, was
working in Government service. Ext.P4 would show that
an enquiry was conducted by the 1 st respondent on the
WP(C).No.28205 OF 2020(A)
application submitted by petitioner in 2018.
3. Learned Government Pleader submits that the
file relating to the issuance of legal heirship
certificate is seen missing and the first respondent
could not trace out the file. Subsequent to Ext.P9
judgment also Tahasildar had informed the petitioner
that the said file could not be traced out from the
records.
In the said circumstances, there shall be a
direction to the first respondent to take steps for
issuing a legal heirship certificate on the
application submitted by the petitioner as
expeditiously as possible, at any rate, within a
period of 'three months' from the date of receipt of
a copy of the judgment.
The writ petition is disposed of accordingly.
Sd/-
P.V.ASHA, JUDGE
AS
WP(C).No.28205 OF 2020(A)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF DEATH
DATED 15/02/1993 ISSUED FROM THE
OFFICE OF THE MUNICIPALITY, OTTAPALAM.
EXHIBIT P2 TRUE COPY OF THE MARRIAGE CERTIFICATE
OF THE PETITIONER DATED 24/02/1993.
EXHIBIT P3 TRUE COPY OF THE COMMUNICATION
NO.A4/97/2017/HOME DATED 16/11/2017.
EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED
24/1/2018.
EXHIBIT P5 TRUE COPY OF THE ENQUIRY REPORT
NO.20/18 DATED 16/3/2018.
EXHIBIT P6 TRUE COPY OF THE COMMUNICATION NO.C2-
2018/2871/9/500 DATED 21/6/2018 ISSUED
BY THE 1ST RESPONDENT
EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN
O.S.NO.196/1993 OF THE COURT OF THE
SUBORDINATE JUDGE OF PALAKKAD DATED
15/1/2001.
EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN APPEAL
SUIT NO.108/2006 OF THE COURT OF THE
II ADDITIONAL DISTRICT JUDGE,PALAKKAD
DATED 25/02/2009.
EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN
W.P(C)NO.29740 OF 2018 OF THIS HON'BLE
COURT DATED 17.01.2019
EXHIBIT P10 TRUE COPY OF THE COMMUNICATION DATED
10.07.2020 ISSUED FROM THE OFFICE OF
THE 1ST RESPONDENT.
