Radhamani Panicker vs Tahsildar
2021 Latest Caselaw 6225 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942

                       WP(C).No.319 OF 2021(L)


PETITIONER:

               RADHAMANI PANICKER
               AGED 81 YEARS
               W/O. KARUNAKARA PANICKER, GOPALA BHAVAN,
               THANNEERMUKKAM P. O.,
               CHERTHALA, ALAPPUZHA DISTRICT,
               PIN - 688 555.

               BY ADVS.
               SMT. C. G. BINDU
               SMT. AJITHA C. G.
               KUM. K. J. SARANYA RAJ

RESPONDENTS:

      1        TAHSILDAR, CHERTHALA TALUK
               TALUK OFFICE, CHERTHALA,
               CHERTHALA P. O.,
               ALAPPUZHA, PIN - 688 524.

      2        VILLAGE OFFICER
               THANNEERMUKKAM NORTH VILLAGE,
               MUTTATHIPARAMBU,
               THANNEERMUKKAM P. O.,
               ALAPPUZHA DISTRICT,
               PIN - 688 527.

      3        VILLAGE OFFICER
               CHERTHALA NORTH VILLAGE,
               TALUK OFFICE,
               POLICE STATION ROAD,
               ALAPPUZHA DISTRICT,
               PIN - 688 524.

               SMT. PRINCY XAVIER, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.319 OF 2021

                                   2




                             JUDGMENT

Dated this the 24th day of September 2020

The petitioner who is a Senior Citizen is aggrieved by

Ext.P14 letter of the Tahsildar by which petitioner's Power of

Attorney holder is informed that her application for legal

heirship certificate can be processed further only on receipt of

death certificate of her son and also the documents relating to

residence.

2. The petitioner's son Pradeep Panicker died on

29.01.2019 at California. Petitioner submits that she is the

only legal heir of her deceased son, in Class-I in the Schedule

of the Hindu Succession Act. She requires a legal heirship

certificate for producing before the Cherthala Municipality. It is

stated that a commercial building is constructed in the

property in Cherthala Municipality which was originally in the

name of her deceased husband. It is stated that on the death

of her husband it devolved on her and on her three children

including deceased Pradeep Panicker. Municipality had insisted WP(C).No.319 OF 2021

production of legal heirship certificate in respect of her son

when petitioner approached it for getting the door numbers in

the building split up. It is stated that on the basis of Ext.P10

judgment the petitioner could get the same done; but the legal

heirship certificate is to be produced for further proceedings as

required by the Cherthala Municipality. It is stated that late

Pradeep Panicker was in California for the last 35 years ever

since he went there for his studies and later got employed. It

is stated that he is unmarried and he has not performed any

marriage under any of the Indian Laws and that he died

issueless. It is also her claim that the funeral rites were

performed at her Tharavadu house. Producing Ext.P7

Cremation Certificate dated 02.04.2019, the petitioner had

submitted Ext P8 application for legal heirship certificate before

the 1st respondent on 14.06.2020. As per Ext.P10 letter the 1 st

respondent directed the petitioner to produce the Death

Certificate of her son and proof of residence in the village

through the village officer. Petitioner thereupon submitted Ext.

P12 representation furnishing the details of her properties in

Cherthala, the details of her relatives, in Thanneermukkam WP(C).No.319 OF 2021

village stating that she has been residing with her daughter

because of old age. But the 1st respondent as per Ext.P14

informed her that further proceedings can be taken only on

production of the documents called for. Petitioner points out

that she is not in a position to collect a death certificate of her

son. The cremation certificate is already produced before the

respondents.

3. The 1st respondent has filed a statement, according

to which the death certificate and proof for residence are

necessary for taking a decision on the application for legal

heirship certificate and the petitioner has not produced the

same even after communications were issued to her twice.

According to the Tahsildar the legal heirship certificate can be

issued only on production of death Certificate and proof of

residence of the deceased as well as that of petitioner.

4. Heard both sides. Petitioner has produced the tax

receipts and Exts.P17 and P18 Lease Deeds in respect of the

properties in Cherthala. But the Tahsildar is not satisfied with

the same stating that petitioner or the deceased are not

residents of Cherthala. As pointed out by the learned Counsel WP(C).No.319 OF 2021

for the petitioner Ext.P3 Possession Certificate issued in the

name of the petitioner by the very same Tahsildar would show

that she had been in possession and enjoyment of the property

referred to therein. The building for which she requires the

legal heirship certificate is also in the very same area under

the Tahsildar. Tahsildar cannot be right in insisting that only a

person who continuously resides in a Taluk under him alone

can be given legal heirship certificate or including that she is

not a resident of Cherthala.

5. Petitioner submits that on receipt of Ext.P7

Cremation Certificate along with the urn with the mortal

remains from California, the funeral rites of her deceased son

were performed in her house. In this background, as the death

occurred in California, the Tahsildar would not be justified in

insisting a Death Certificate itself for processing the

application. The Tahsildar would be free to verify the veracity

of the contentions of the petitioner in her representation and

also to collect materials for processing the application

submitted by the petitioner through an enquiry, if necessary

by taking evidence from neighbours and near relatives of the WP(C).No.319 OF 2021

petitioner. The Village Officer had taken Ext.P13 series of

statements from the neighbors. Petitioner has already

produced the possession certificate, lease deeds, tax receipts,

etc. when all these documents relate to properties in

Cherthala, the processing of her application shall not be

delayed on the ground that petitioner is not a resident of

Cherthala.

6. In the peculiar circumstances of the case, it is only

appropriate that the Tahsildar, if he chooses, conducts an

enquiry into the materials which are already produced before

him and which would be produced by the petitioner. The

Tahsildar would also be free to take statements from the

relatives of the deceased through electronic modes or

otherwise, for which the petitioner would furnish necessary

information.

Therefore there shall be a direction to the 1 st respondent

to complete the proceedings for issuance of Legal Heirship

Certificate on the basis of Ext.P8 application submitted by the

petitioner, upto the stage of publication in gazette, as directed

above, within a period of two months, without insisting the WP(C).No.319 OF 2021

death certificate of the deceased Pradeep Panicker and dehors

the requirements in Ext.P14 letter. Further proceedings shall

also completed at the earliest point of time.

Accordingly, the writ petition is disposed of.

Sd/-

P.V.ASHA JUDGE

SPR WP(C).No.319 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGE OF PASSPORT BEARING NO.A4649570 RENEWED DURING 2005 ISSUED TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE TAX PAID RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 24.11.2015.

EXHIBIT P3 TRUE PHOTOCOPY OF THE CERTIFICATE DATED 26.12.1986 ISSUED BY 1ST RESPONDENT, TAHSILDAR, TALUK OFFICE, SHERTALLAI.

EXHIBIT P4 TRUE PHOTOCOPY OF THE TAX PAID RECEIPT DATED 16.10.2020 ISSUED FROM 3RD RESPONDENT, VILLAGE OFFICER, CHERTHALA NORTH VILLAGE.

EXHIBIT P5 TRUE PHOTOCOPY OF THE BUILDING TAX RECEIPT ISSUED BY THE CHERTHALA MUNICIPALITY IN FAVOUR OF THE PETITIONER AND HER CHILDREN FOR THE PERIOD 2016-2017 DATED 28.03.2017.

EXHIBIT P5(a) TRUE PHOTOCOPY OF THE BUILDING TAX RECEIPT ISSUED BY THE CHERTHALA MUNICIPALITY IN FAVOUR OF THE PETITIONER AND HER CHILDREN FOR THE PERIOD 2017-2018 DATED 28.02.2018.

EXHIBIT P6 TRUE PHOTOCOPY OF THE RELEVANT PAGE OF PASSPORT OF DECEASED PRADEEP PANICKER BEARING NO.K6617898 RENEWED ON 20.12.2013.

EXHIBIT P7 TRUE PHOTOCOPY OF THE CREMATION CERTIFICATE DATED FEBRUARY 4, 2019 ISSUED FROM THE CREMATORY VIZ., "ALTA VISTA CREMATION AND FUNERAL SERVICE", CALIFORNIA DATED 02.04.2019.

WP(C).No.319 OF 2021

EXHIBIT P8 TRUE PHOTOCOPY OF THE APPLICATION DATED 14.06.2020 SUBMITTED BEFORE THE 1ST RESPONDENT FOR LEGAL HEIRSHIP CERTIFICATE.

EXHIBIT P9 TRUE PHOTOCOPY OF THE REPORT OF 2ND RESPONDENT DATED 24.06.2020.

EXHIBIT P10 TRUE PHOTOCOPY OF THE JUDGMENT DATED 24.07.2020 IN W.P.(C) NO.14421/2020.

EXHIBIT P11 TRUE PHOTOCOPY OF THE NOTICE DATED 05.08.2020 ISSUED BY 1ST RESPONDENT.

EXHIBIT P12 TRUE PHOTOCOPY OF THE APPLICATION SUBMITTED ON 27.08.2020 BEFORE THE 2ND RESPONDENT BY PETITIONER.

EXHIBIT P13 TRUE PHOTOCOPY OF THE DEPOSITION OF ONE RAJAPPAN DATED 09.09.2020 ALONG WITH COPY OF AADHAR CARD BEFORE THE 2ND RESPONDENT, VILLAGE OFFICER, THANNEERMUKKAM NORTH VILLAGE.

EXHIBIT P13(a) TRUE PHOTOCOPY OF THE DEPOSITION OF ANOTHER NEIGHBOUR VIZ. S. VENUGOPAL DATED 09.09.2020 ALONG WITH COPY OF HIS AADHAR CARD BEFORE THE 2ND RESPONDENT, VILLAGE OFFICER, THANNEERMUKKAM NORTH VILLAGE.

EXHIBIT P13(b) TRUE PHOTOCOPY OF THE DEPOSITION OF HER BROTHER VIZ. JAYAPRAKASH D. DATED 09.09.2020 BEFORE THE 2ND RESPONDENT, VILLAGE OFFICER, THANNEERMUKKAM NORTH VILLAGE.

EXHIBIT P14 TRUE PHOTOCOPY OF THE LETTER DATED 12.10.2020 SENT BY 1ST RESPONDENT.

EXHIBIT P15 TRUE PHOTOCOPY OF THE POWER OF ATTORNEY BEARING NO.83/2016 DATED 19.11.2016 EXECUTED IN FAVOUR OF PETITIONER.

EXHIBIT P16 TRUE PHOTOCOPY OF THE AADHAR CARD OF PETITIONER BEARING NO.779278852471. WP(C).No.319 OF 2021

EXHIBIT P17 TRUE PHOTOCOPY OF THE LEASE DEED DATED 05.09.2018 EXECUTED BY M. T. JOSEPH IN FAVOUR OF THE PETITIONER.

EXHIBIT P18 TRUE PHOTOCOPY OF THE LEASE DEED DATED 05.09.2018 EXECUTED BY SIJI K. GEORGE IN FAVOUR OF THE PETITIONER.

RESPONDENT'S/S EXHIBITS: NIL.