Kerala High Court
M.Asokan vs The District Collector on 12 March, 2021
W.P(c).No.5683/2021-I 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942
WP(C).No.5683 OF 2021(I)
PETITIONER:
M.ASOKAN
AGED 75 YEARS
S/O.LATE MATHILANCHERRY VELAYUDHAN, 'VANDANAM',
C.H.COLONY, POST MERIKUNNU, KOZHIKODE 673 012.
BY ADVS.
SRI.R.SUDHISH
SMT.M.MANJU
SHRI.MUSTHAFA V.M
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
KALPETTA, WAYANAD 673 121.
2 THE TAHSILDAR
VYTHIRI TALUK, WAYANAD 673 121.
3 THE VILLAGE OFFICER
KALPETTA VILLAGE, MADATHUMPADI, KALPETTA,
WAYANAD 673 121.
SMT.PRINCY XAVIER, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(c).No.5683/2021-I 2
P.V.ASHA, J.
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W.P(c) No.5683 of 2021-I
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Dated this the 12th day of March, 2021
JUDGMENT
The petitioner's father died on 19.02.1997. After receipt of death certificate
Ext.P1 on 16.07.2011, the petitioner submitted an application for legal heirship
certificate. It is stated that one of the legal heirs was reluctant to give statement
before the Village Officer and therefore, the Village Officer sought clarification
from the Tahsildar as to whether the testimony of all the legal heirs is necessary.
The Tahsildar thereupon informed the Village Officer as per Ext.P3 letter dated
19.11.2020 that the statements of all the legal heirs should be taken. It is stated
that there are 10 persons who are claimed to be legal heirs, out of which only one
person, namely Kanakarajan, did not give any statement before the Village Officer.
2. The learned Government Pleader submits that as per the provisions
contained in the revenue guide, the Village Officer has to submit a report after
taking evidence from all the persons claiming as legal heirs and that is why the
Village Officer has sought instruction from the Tahsildar and the Tahsildar
instructed the Village Officer to get statement from all the parties.
3. It is stated that the Village Officer has got statements of all other 9
persons who are shown in the application except one person Mr.Kanakarajan as he
was reluctant to give any statement. As the legal heirship certificate would be
issued only after gazette notification inviting objections and the Village Officer's
report would contain report from the neighbours and relatives, the Tahsildar can
proceed with Ext.P2 application and process the same without insisting statement
from the person who did not give any statement. This shall be done as
expeditiously as possible in accordance with law.
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 ISSUED
BY THE KOZHIKODE CORPORATION DATED
16.7.2011.
EXHIBIT P2 COPY OF THE APPLICATION FOR LEGAL HEIRSHIP
CERTIFICATE SUBMITTED BY THE PETITIONER'S
BROTHER RAMADASAN AND KRISHNAMOHAN BEFORE
THE VILLAGE OFFICER, KALPETTA.
EXHIBIT P3 COPY OF THE LETTER ISSUED BY THE 2ND
RESPONDENT DATED 19.11.2020 TO THE 3RD
RESPONDENT VILLAGE OFFICER.
EXHIBIT P4 COPY OF THE INFORMATION LETTER
NO.C.R.712/2020 DATED 1.12.2020 ISSUED BY
THE 3RD RESPONDENT VILLAGE OFFICER,
KALPETTA TO THE PETITIONER'S BROTHER
M.RAMADAS.
