Ayisha Pambukayil vs The State Of Kerala
2021 Latest Caselaw 23378 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
           THE HONOURABLE MR.JUSTICE N.NAGARESH
 THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA,
                           1943
                 WP(C) NO. 24961 OF 2021
PETITIONER/S:

         AYISHA PAMBUKAYIL
         AGED 58 YEARS
         W/O. LATE MOHAMMED THACHARAMBAN VAZHAYIL HOUSE,
         PO KAVANOOR, ERANAD TALUK, MALAPPURAM DISTRICT-
         673 639.
         BY ADVS.
         JAMSHEED HAFIZ
         K.K.NESNA

RESPONDENTS:

    1    THE STATE OF KERALA
         REPRESENTED BY THE SECRETARY TO THE LOCAL
         ADMINISTRATION DEPARTMENT, THIRUVANANTHAPURAM,
         PIN-695 001.
    2    THE DISTRICT COLLECTOR
         MALAPPURAM, CIVIL STATION, MALAPPURAM-676 505.
    3    THE REVENUE DIVISIONAL OFFICER
         PERINTHALMANNA, MALAPPURAM DISTRICT-679 322.
    4    THE TAHASILDAR
         ERANAD TALUK, ERANAD TALUK OFFICE, MANJERI,
         MALAPPURAM DISTRICT-676 517.
OTHER PRESENT:

         SMT.VINITHA B SR.G.P


    THIS WRIT PETITION (CIVIL) HAVING COME UP
FOR ADMISSION ON 25.11.2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 24961/2021
                                 :2 :




            Dated this the 25th day of November, 2021

                          JUDGMENT

~~~~~~~~~

The petitioner is before this Court seeking to direct

the 3rd respondent to consider Ext.P3 application and to

correct the year of death of petitioner's husband in Ext.P2

Legal Heirs Certificate as 2019, within such time as may be

prescribed by this Court.

2. The petitioner submits that she is a resident in

Ernadu Taluk in Malappuram and is a widow and legal heir

of late Mohammed Thacharamban.

3. The petitioner's husband passed away on

27.3.2019 at Jeddah, Saudi Arabia. In order to claim death

compensation, the petitioner applied for Legal Heir

Certificate from the 3rd respondent. Accordingly, a Legal

Heir Certificate was issued. Unfortunately, the year of death

of the petitioner's husband was shown as 2015 in the Legal W.P.(C) No. 24961/2021

Heir Certificate, instead of 2019 which is the correct year of

death.

4. When the mistake was noted, the petitioner

approached the third respondent again and requested for

correction of the error crept in the Legal Heir Certificate.

The 3rd respondent, however, took a stand that the Legal

Heir Certificate once issued cannot be corrected. Hence

the petitioner is before this Court.

5. The learned counsel for the petitioner would

contend that this Court in Secretary, Registrar of Birth

and Deaths Vs. Thomas Jacob and Others (2011 (3) KLT

461) has held that registration of Birth and Death Act only

regulates the process and procedure of registration of

births, deaths and correction of any entities and that

corrections can be made in the certificates of birth and

death. A similar view should be taken in respect of the Legal

Heir Certificate also.

6. The learned Senior Government Pleader

submitted that the Legal Heir Certificate is being issued W.P.(C) No. 24961/2021

after a publication in the official gazette. The mistake if any

crept in the date of death of the deceased, is solely due to

the error committed by the petitioner in the application.

The Legal Heir Certificate was issued as there was no

objection as regards any entry made in the application.

Therefore, the petitioner cannot seek to correct the Legal

Heir Certificate.

7. I have heard the learned counsel for the

petitioner and the learned Government Pleader

representing the respondents.

8. The fact remains that the year of death of the

petitioner's late husband has been entered erroneously in

the Legal Heir Certificate. Ext.P1 certificate/document

issued by the Consulate General of India, Saudi Arabia

would also evidence that the year of death of petitioner's

husband is 2019. It is true, as contended by the

respondents that the Legal Heir Certificate has been issued

after a due publication in the official gazette. However, it is

to be noted that there is no provisions for filing W.P.(C) No. 24961/2021

appeal/revision or review under any statutes to make

correction in in the Legal Heir Certificate.

9. Taking into consideration the fact that the

petitioner is only seeking to correct the year of death of the

deceased husband of petitioner and since there is reliable

evidence by way of authentic documents to show that the

year of death of the petitioner's husband is 2019, this Court

is of the considered view that the day of death of diseased

Mohammed Thacharamban shall be corrected

appropriately.

In the circumstances, taking into consideration, the

peculiar facts of this case, the writ petition is disposed of

directing the 4th respondent to effect corrections in the Legal

Heir Certificate in respect of deceased Mohammed

Thacharamban as required by the petitioner in accordance

to law.

Sd/-

N. NAGARESH, JUDGE

al/-.

W.P.(C) No. 24961/2021

APPENDIX OF WP(C) 24961/2021

PETITIONER EXHIBITS Exhibit P1 A TRUE COY OF THE DEATH CERTIFICATE OF THE PETITIONER'S HUSBAND LATE MOHAMMED THACHARAMBAN CONSULATE GENERAL OF INDIA, SAUDI ARABIA DATED 3.4.2019.

Exhibit P2 A TRUE COPY OF THE LEGAL HEIR SHIP CERTIFICATE ISSUED BY THE 3RD RESPONDENT.

Exhibit P3 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S SON BEFORE THE 3RD RESPONDENT DATED 26.10.2021.