Tijith P.K vs The Tahsildar
2021 Latest Caselaw 22215 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
    FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
                       WP(C) NO. 24207 OF 2021
PETITIONER:

          TIJITH P.K.,
          AGED 29 YEARS,
          S/O. KANDAMUTHAN,
          PARUVAITHODI HOUSE,
          KANNADI P.O., PALAKKAD DISTRICT.

          BY ADV V.A.VINOD


RESPONDENTS:

    1     THE TAHSILDAR,
          PALAKKAD TALUK OFFICE,
          PALAKKAD-678001.

    2     THE VILLAGE OFFICER,
          KANNADI I VILLAGE OFFICE,
          PALAKKAD-678701.

    3     THE STATION HOUSE OFFICER,
          PALAKKAD TOWN POLICE STATION,
          PALAKKAD-678001.

          SMT.PRINCY XAVIER, SR.GOVERNMENT PLEADER



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.24207/2021

                                      2




                               JUDGMENT

Dated this the 5th day of November, 2021

The petitioner is before this Court seeking to direct

the respondents 1 and 2 to issue Legal Heirship Certificate

sought for by the petitioner forthwith without insisting for First

Information Report.

2. The petitioner states that his father Kandamuthan

went missing on 02.10.2013, during his pilgrimage to Kaasi

and Ayodhya. For a long time thereafter, the petitioner and his

family members have not heard anything about the petitioner's

father. They filed a complaint before the Sub Inspector of

Police, Palakkad Police Station. But the complaint was of no

avail.

3. The petitioner approached the Tahsildhar and

Village Officer with an application for getting Legal Heirship WP(C).No.24207/2021

Certificate in respect of his father. However, the application

submitted by the petitioner for Legal Heirship Certificate has

not been entertained on the ground that the petitioner has not

produced documents like Death Certificate, FIR etc.

4. The issue relating to missing persons for long

period was considered by this Court in Rohini S.T. v.

Tahsildar, Aluva East and Others [2021 (4) KHC 556]. In

the said judgment, this Court has held that :

"If it is established that a person has not been heard of for more than seven years by those who would naturally have heard of him if he had been alive, the burden of proving that the person is alive is on the person who affirms it. In other words, if a person has not been heard of for more than seven years by those who would have naturally heard of him if he had been alive, in the absence of any materials to show that he is alive, he can be presumed to have been dead."

The law laid down by this Court in Ext.P13 judgment would

squarely apply to the petitioner's claim also.

In the circumstances, the writ petition is disposed of

directing the 1st and 2nd respondents to consider Ext.P9

application submitted by the petitioner in the light of the law WP(C).No.24207/2021

laid down by this Court in Rohini S.T. (Supra). The

respondents shall take a decision and issue Certificate to the

petitioner, if he is otherwise eligible, within a period of three

months. The learned counsel for the petitioner shall serve a

copy of the writ petition along with a certified copy of the

judgment on the 1st respondent.

Sd/-

N. NAGARESH JUDGE SR WP(C).No.24207/2021

APPENDIX OF WP(C) 24207/2021

PETITIONER'S EXHIBITS:

   Exhibit P1         TRUE COPY OF THE DEATH CERTIFICATE OF
                      THE    PETITIONER'S       MOTHER     DATED
                      10.4.2012.
   Exhibit P2         TRUE COPY OF THE ACKNOWLEDGEMENT OF

RECEIPT OF PETITION ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT DATED 7.10.2013.

Exhibit P3 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER DATED 11.10.2013.

Exhibit P4 TRUE COPY OF THE LETTER SENT BY SRI.

M.B.RAJESH (MP) DATED 12.10.2013. Exhibit P5 TRUE COPY OF THE REQUEST FORWARDED TO THE DGP, UTTARPRADESH DATED NIL.

Exhibit P6 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT ISSUED FROM THE OFFICE OF THE DISTRICT POLICE OFFICE DATED 26.9.2017.

Exhibit P7 TRUE COPY OF THE REPLY GIVEN BY THE 3RD RESPONDENT DATED NIL.

Exhibit P8 TRUE COPY OF THE COMMUNICATION ISSUED FROM THE KSEB DATED 9.9.2021.

Exhibit P9 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 16.4.2021.

Exhibit P10 TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER DATED 19.4.2021.

Exhibit P11 TRUE COPY OF THE COMMUNICATION ISSUED BY THE TAHSILDAR DATED 19.7.2021. Exhibit P12 TRUE COPY OF THE RATION CARD NO.1946028040 ISSUED TO THE FATHER'S BROTHER OF THE PETITIONER.

Exhibit P13 TRUE COPY OF THE JUDGMENT IN WP(C) NO.9657/2021 DATED 30.7.2021.