Kerala High Court
Gireesh Kumar C.K vs State Of Kerala on 26 March, 2021
W.P(C).No.20100/2020-J 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943
WP(C).No.20100 OF 2020(J)
PETITIONER:
GIREESH KUMAR C.K.
AGED 54 YEARS
S/O.PADMINI AMMA, CHITTARIKUNNATH HOUSE,
KOVILAKATHUMURI, NILAMBUR P.O.,
MALAPPURAM, KERALA - 679329.
BY ADVS.
SRI.HARISH GOPINATH
SHRI.AKHIL RAJ B.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, REVENUE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM.
2 TAHSILDAR, THALUK OFFICE
NILAMBUR, MALAPPURAM.
3 VILLAGE OFFICER,
NILAMBUR VILLAGE OFFICE, NILAMBUR, MALAPPURAM.
4 ADDL.R4. RATHNAMMA.P.K.,
AGED 81 YEARS, W/O. FRANCIS, PALLATH HOUSE,
NEAR POONKULA MANA, ANAKKAYAM.P.O.,
MALAPPURAM DISTRICT-676509.
(IMPLEADED AS PER ORDER IN IA 1/2020 DATED 30-11-
2020).
R4 BY ADV. DR.GEORGE ABRAHAM
SMT.VINITHA.B, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).No.20100/2020-J 2
P.V.ASHA, J.
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W.P(c) No.20100 of 2020-J
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Dated this the 26th day of March, 2021
JUDGMENT
The petitioner is aggrieved by the inclusion of the 4 th respondent in the
legalheirship certificate Ext.P3. The petitioner's wife died on 18.07.2018. The
petitioner had submitted an application for legalheirship certificate based on which
Ext.P3 certificate was issued after publication in the gazette in which the petitioner
and the 4th respondent, who is the mother of the deceased, have been included.
Later the petitioner found that the mother of the deceased cannot be included in the
legalheirship certificate as the provisions contained in Section 15(1)(A) of Hindu
Succession Act provides that legalheirs of a deceased Hindu lady are her husband
and children. It is only in the absence of the legalheirs specified in class 1, the 4 th
respondent can be included. There is no provisions for including the husband as
well as the mother of the deceased as legalheirs. Even though Ext.P3
legalheirship certificate was issued on the basis of the application submitted by the
petitioner and objections were called for on publication in the gazette, a mistake
has been crept into it. The petitioner had submitted an application for correction
when the Tahsildar had forwarded the same to the District Government Pleader
and the District Government Pleader had as per Ext.P5 opined that the Tahsildar
does not have any authority to correct the same and the matter has to be corrected
only on court orders.
2. The Writ Petition was filed in the above circumstances and later the
same was amended incorporating the challenge against legalheirship certificate to
the extent it includes the 4th respondent.
3. The 4th respondent has filed a counter affidavit. According to the 4 th
respondent, there is a civil dispute pending in Munsiff Court, Manjeri with respect
to a property between the 4 th respondent and the petitioner. It is also her case that
the legalheirship certificate was issued on the basis of an application submitted by
the petitioner and once the certificate is issued, the Tahsildar does not have any
authority to effect any correction and there was no objection when the same was
notified in the gazette as early as on 16.10.2018. Therefore, no correction can be
allowed and it is not admissible under the provisions contained in Chapter 12 of
the Kerala Village Manual.
4. Heard the learned counsel for the petitioner, the learned Government
Pleader as well as the learned counsel for the 4th respondent.
5. None of the parties have any dispute over the fact that the petitioner is
the only person who can be included in class 1 of the schedule to Hindu
Succession Act under Section 15(1). The 4 th respondent's turn as a legalheir can
arise only in the absence of class 1 heirs. Therefore, it is seen that inclusion of the
4th respondent in the legalheirship certificate was legally impermissible. The
application submitted by the petitioner showing the name of the 4 th respondent or
issuance of legalheirship certificate after publication in the gazette in the absence
of any objection, will not enable the 4th respondent to become a legalheir as long as
the petitioner is alive. Therefore, Ext.P3 legalheirship certificate to the extent it
includes the 4th respondent is illegal.
6. There shall be a direction to the Tahsildar (2 nd respondent) to issue a
corrected legalheirship certificate deleting the name of the additional 4th
respondent from Ext.P3 certificate, within a period of two months from the date of
receipt of a copy of this judgment.
The Writ Petition is disposed of accordingly.
Sd/- (P.V.ASHA, JUDGE)
rtr/
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE DEATH CERTIFICATE OF
PETITIONER'S WIFE SMT.PRAMEELA K. DATED
24/07/2018.
EXHIBIT P2 TRUE COPY OF THE RECEIPT DATED 24/7/2018.
EXHIBIT P3 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE
BEARING NO.B/10178/2018.
EXHIBIT P4 TRUE COPY OF THE RECEIPT DATED 27/05/2020.
EXHIBIT P5 TRUE COPY OF THE LEGAL OPINION OF THE GOVT.
PLEADER ALONG WITH COVERING LETTER DATED
13/08/2020.
