Aji K.K vs The Thahasildar
2022 Latest Caselaw 4316 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                        WP(C) NO. 1056 OF 2020
PETITIONERS:

    1     AJI K.K.
          AGED 32 YEARS
          S/O.KRISHNANKUTTY A. (LATE), KANNANKUNNIL
          PADINJARECHARUVIL, PARANTHAL P.O., PANDALAM,
          PANDALAMTHEKKEKARA VILLAGE, ADOOR TALUK, PATHANAMTHITTA
          DISTRICT, PIN-689501.
    2     ASWATHY K.K.,
          AGED 30 YEARS
          D/O.KRISHNANKUTTY A. (LATE), KANNANKUNNIL
          PADINJARECHARUVIL, PARANTHAL P.O., PANDALAM,
          PANDALAMTHEKKEKARA VILLAGE, ADOOR TALUK, PATHANAMTHITTA
          DISTRICT, PIN-689501.
          BY ADV K.K.SETHUKUMAR


RESPONDENTS:

    1     THE THAHASILDAR
          TALUK OFFICE, KONNI,
          PATHANAMTHITTA DISTRICT - 689691.
    2     THE VILLAGE OFFICER,
          VILLAGE OFFICE, VALLIKODU,
          PATHANAMTHITTA DISTTIRCT -689648.
    3     PUSHPAVALLY
          AGED 48 YEARS
          PARAYILMELETHIL, VAZHAMUTTAM EAST P.O., MALLASSERI,
          PATHANAMTHITTA DISTRICT - 689 646.
    4     ADDL.R4.THE VILLAGE OFFICER,
          VILLAGE OFFICE, PANDALAM, THEKKEKARA, PATHANAMTHITTA
          DISTRICT - 689501
          (ADDL.R4 IS IMPLEADED AS PER ORDER DATED 07.02.2020 IN
          IA 1/2020).
 WP(C) NO. 1056 OF 2020
                                2

            BY ADVS.
            SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER
            SRI.JAMES ABRAHAM (VILAYAKATTU)



     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP    FOR
ADMISSION    ON   07.04.2022,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 1056 OF 2020
                                          3

                  P.V.KUNHIKRISHNAN, J
                -------------------------------
                 W.P.(C)No. 1056 of 2020
               --------------------------------
           Dated this the 7th day of April, 2022

                             JUDGMENT

The above writ petition is filed with the following prayers:

"(i) issue a writ of mandamus or other appropriate writs or orders directing the 1 st respondent to consider Exhibits P5 application and issues the legal heirship certificate without further delay:

(ii) issue a writ of mandamus or other appropriate writ, direction or orders to the 2 nd respondent to comply the directions in Exhibit-P5 application issued by the 1st respondent without further delay: and

(iii) pass such other writ, direction or order which this Hon'ble Court may deem fit and proper with the facts and circumstances of the case."[SIC]

2. Today when this writ petition came up for

consideration, the learned counsel appearing for the

petitioner submitted that, he will be satisfied if there is a

direction to the 1st respondent to consider Ext.P5

application. The counsel appearing for the 3rd respondent

submitted that, 3rd respondent also may be directed WP(C) NO. 1056 OF 2020

to be heard before passing final order by the 1 st

respondent. The learned Government Pleader submitted

that the 1st respondent will pass appropriate orders in

accordance to law.

In the light of the above submission, this writ

petition can be disposed of in the following manner:

i. The 1st respondent is directed to consider and pass

appropriate orders in Ext.P5, as expeditiously as

possible, at any rate, within a period of six weeks from

the date of receipt of a copy of this judgment.

ii. Before passing final orders, the 1st respondent will give

an opportunity of hearing to the petitioner and the 3 rd

respondent.

iii. I make it clear that I have not considered the matter

on merit and the 1st respondent is free to pass

appropriate orders in accordance to law.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM WP(C) NO. 1056 OF 2020

APPENDIX OF WP(C) 1056/2020

PETITIONER EXHIBITS EXHIBIT P1 TRUE PHOTO COPY OF THE BIRTH CERTIFICATE OF THE 1ST PETITIONER DATED 28.10.2019.

EXHIBIT P2 TRUE PHOTO COPY OF THE BIRTH CERTIFICATE OF THE 2ND PETITIONER DATED 29.10.2019.

EXHIBIT P3 TRUE PHOTO COPY OF THE CERTIFICATE ISSUED BY THE MUNICIPAL SECRETARY, PATHANAMTHITTA.

EXHIBIT P4 TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTH & DEATH, PATHANAMTHITTA MUNICIPALITY. EXHIBIT P5 TRUE PHOTO COPY OF THE APPLICATION GIVEN TO 1ST RESPONDENT.

RESPONDENTS EXHIBITS :NIL

//TRUE COPY//

PA TO JUDGE