Malik Farhan P vs State Of Kerala
2022 Latest Caselaw 6799 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
     TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                        WP(C) NO. 17511 OF 2022
PETITIONER/S:

          MALIK FARHAN P.,
          AGED 12 YEARS
          S/O LATE. ABDUL RAHMAN, RESIDING AT 'AL-SALAM MANZIL',
          PILANKATTA, PERDALA P.O, BADIYADKA, KASARAGOD - 671551,
          [MINOR] THROUGH HIS MOTHER, RAFEENA, AGED 41 YEARS, W/O
          LATE ABDUL RAHMAN, RESIDING AT 'AL-SALAM MANZIL',
          PILANKATTA, PERDALA P.O, BADIYADKA, KASARAGOD - 671551.
          BY ADVS.
          S.MUHAMMED HANEEFF
          M.H.ASIF ALI


RESPONDENT/S:

    1     STATE OF KERALA,
          REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,
          SECRETARIAT, THIRUVANANTHAPURAM - 695001.
    2     DISTRICT COLLECTOR, COLLECTORATE,
          CIVIL STATION, VIDYANAGAR, KASARAGOD - 671123.
    3     THAHSILDAR,
          TALUK OFFICE, KASARAGOD, COURT ROAD, NEAR MALLIKARJUNA
          TEMPLE, KASARAGOD - 671123.
    4     VILLAGE OFFICER, KUMBADAJE VILLAGE OFFICE,
          AGALPADY FRANK M R P ST ROAD, MARPANADKA, KASARAGODE -
          671551.
OTHER PRESENT:

          G PAMMINIKUTTY K.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17511 OF 2022
                                   2

                              JUDGMENT

Dated this the 14th day of June, 2022

The petitioner is the 3rd child of late Abdu Rahiman Pilakkatta and

thereby, one among his legal heirs. The petitioner's father died on

1.2.2009 and the petitioner was born thereafter, on 16.9.2009. As a

result, the petitioner's name was not included in the legal heirship

certificate issued prior to her birth. Therefore, the petitioner's mother

sought correction of the legal heirship certificate. As there is no

provision for correction, one of the legal heirship certificate is issued,

the petitioner's mother was directed to approach the civil Court. This

writ petition is filed seeking a direction to the 3 rd respondent to cancel

Ext.P3 legal heirship certificate and to issue a fresh certificate after by

including the petitioner's name also.

2.Learned Government Pleader submits on instructions that, the

petitioner's mother had submitted an application for cancellation of the

legal heir ship certificate and accordingly the original certificate, which

does not contain the petitioner's name, was canceled. Thereupon, the

petitioner's mother applied for issuance of fresh legal heirship

certificate, and accordingly due enquiry was conducted and the

certificate including the petitioner's name notified in the official

Gazette on 7.6.2022. It is submitted that as per the procedure WP(C) NO. 17511 OF 2022

prescribed, legal heirship certificate has to be issued within one month

of publication of the notification. The above submissions make it clear

that the petitioner's grievance does not subsist any longer.

The writ petition is hence closed, recording the submission of the

learned Government Pleader and directing the 3rd respondent to issue

the legal heirship certificate in accordance with the prescribed

procedure.

Sd/-

V.G ARUN JUDGE

SJ WP(C) NO. 17511 OF 2022

APPENDIX OF WP(C) 17511/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE DEATH CERTIFICATE DT.

02.02.2009 ISSUED BY THE NATIONAL HEALTH AUTHORITY, DOHA-QATAR.

Exhibit P2 A TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER DT. 08.04.2010 ISSUED BY REGISTRAR OF BIRTHS & DEATHS, KASARAGOD MUNICIPALITY. Exhibit P3 A TRUE COPY OF THE LEGAL HEIR CERTIFICATE DT.

05.03.2010 ISSUED BY THE 3RD RESPONDENT. Exhibit P4 A TRUE COPY OF THE COMMUNICATION BEARING NO.

C27339/21 DT. 06.09.2021 ISSUED BY THE 3RD RESPONDENT.