Santhakumari.V. vs Harichandran Nair
2021 Latest Caselaw 9540 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943

          Con.Case(C).No.451 OF 2021 IN WP(C). 2019/2020

    JUDGMENT IN WP(C) 2019/2020(B) OF HIGH COURT OF KERALA
                         DATED 3.2.2020
                    ----------------------

PETITIONERS/PETITIONERS :-

      1       SANTHAKUMARI.V., AGED 52 YEARS
              W/O.LATE KRISHNANKUTTY SHANMUGHAN CHETTIYAR,
              EDAVOOR KUNNATHU VEEDU, MANGATTUKADAVU,
              THIRUMALA P.O., THIRUVANANTHAPURAM - 695 006.

      2       PRAVEENA, AGED 36 YEARS
              D/O.LATE KRISHNANKUTTY SHANMUGHAN CHETTIYAR,
              EDAVOOR KUNNATHU VEEDU, MANGATTUKADAVU,
              THIRUMALA P.O., THIRUVANANTHAPURAM - 695 006

              BY ADV. SRI.RAMESH .P


RESPONDENT/4TH RESPONDENT :-

              HARICHANDRAN NAIR
              AGE & FATHER'S NAME NOT KNOWN TO THE PETITIONERS
              TAHSILDAR, TALUK OFFICE, TALUK OFFICE ROAD,
              EAST FORT, PAZHAVANGADI,
              THIRUVANANTHAPURAM - 695 023

              BY SRI.BIJOY CHANDRAN, SR.GP


     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.03.2021, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 Con.Case(C).No.451 OF 2021

                                     -: 2 :-


                                  JUDGMENT

Dated this the 22nd day of March, 2021

This Contempt of Court Case is filed alleging non-compliance

with Annexure - I judgment in the issuance of Annexure - II order.

2. The learned Government Pleader submits that the

application preferred by the petitioners had been considered in terms

of Annexure - I judgment, but other impediments were found, which

makes it impossible for the respondent to take further action for

issuance of legal heirship certificate to the petitioner.

In the above view of the matter, I am of the opinion that the

Contempt of Court Case may not be maintainable since action has

been taken pursuant to Annexure - I judgment and it is not on

account of the cancellation deed that the application of the petitioners

has been rejected.

This Contempt of Court Case is, accordingly closed, leaving

open the contentions of the petitioners and their right to approach

appropriate authorities against the order passed.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/23.3.2021 Con.Case(C).No.451 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE-I CERTIFIED COPY OF THE COMMON JUDGMENT DATED 03.02.2020 IN WPC NO.2019/2020

ANNEXURE-II TRUE COPY OF THE REPLY BY THE RESPONDENT TO THE 1st PETITIONER DATED 15.10.2020

ANNEXURE-III TRUE COPY OF THE LAWYER NOTICE ISSUED BY THE LAWYER OF THE PETITIONERS TO THE RESPONDENT DATED 15.01.2021

//TRUE COPY//

P.A. TO JUDGE