Siji George vs State Of Kerala
2022 Latest Caselaw 7786 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
        TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                        WP(C) NO. 16883 OF 2022
PETITIONER/S:

    1       SIJI GEORGE
            AGED 25 YEARS
            D/O. LATE VARKEY V. J. VETTUKATTIL HOUSE, MANIMOOLY P.
            O., VARAKKULAM, MALAPPURAM DISTRICT, PIN : 679333.
    2       CHINNAMMA
            AGED 65 YEARS
            W/O. LATE VARKEY V. J., VETTUKATTIL HOUSE, MANIMOOLY
            P.O., VARAKKULAM, MALAPPURAM DISTRICT, PIN - 679333.
    3       ELSY SEBASTIAN
            W/O. BINEESH JOSE, KEREEKATTUKUNNEL, MODAPOIKA P. O.,
            MALAPPURAM DISTRICT - 679331.
            BY ADV K.A.AUGUSTINE


RESPONDENT/S:

    1       STATE OF KERALA
            REPRESENTED BY THE SECRETARY, FOOD AND CIVIL SUPPLIES
            DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
            - 695001.
    2       THE DIRECTOR
            OFFICE OF THE CIVIL SUPPLIES COMMISSIONER, PUBLIC
            OFFICE BUILDING, MUSEUM, VIKAS BHAVAN P.O.,
            THIRUVANANTHAPURAM-695033.
    3       THE DISTRICT SUPPLY OFFICER
            OFFICE OF THE DISTRICT SUPPLY OFFICER, NEAR PWD REST
            HOUSE, KAVUNGAL, MALAPPURAM, PIN - 676505.
    4       THE TALUK SUPPLY OFFICER
            OFFICE OF THE TALUK SUPPLY OFFICER, NILAMBUR TALUK,
            MALAPPURAM DISTRICT, PIN: 679329.
    5       THE TASILDAR
            OFFICE OF THE TAHSILDAR, NILAMBUR TALUK, MALAPPURAM
            DISTRICT, PIN: 679329.
OTHER PRESENT:
           GP AMMINIKUTTY K


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16883 OF 2022
                                     2

                       JUDGMENT

Dated this the 28th day of June, 2022

Petitioners are the legal heirs of late V.J Varkey, who

was the licensee of ARD No.170 in Nilambur Taluk,

Malappuram District. Immediately after V.J Varkey's death,

petitioners submitted an application seeking transfer of the

ARD licence in favour of the 1st petitioner. During the course

of enquiry into the application, petitioners were directed to

produce the legal heirship certificate. Even though the

petitioners had taken necessary steps for obtaining the

certificate, the prescribed procedure not being over, the

certificate is not issued. The petitioners are apprehensive

that their application will be rejected and licence issued to

third parties, alleging failure to produce the legal heirship

certificate.

2. Today, when the matter was taken up for

consideration, learned Government Pleader submitted that

the legal heirship certificate was notified in the Gazette on

7.6.2022 and, following the procedure, the certificate will be

issued to the petitioners within 30 days of notification.

3. In such circumstances, it is only appropriate that a WP(C) NO. 16883 OF 2022

decision on the petitioners' application for transfer of licence

be kept in abeyance so as to provide them an opportunity to

produce the certificate.

Accordingly, the writ petition is disposed of, directing

the 3rd respondent to keep in abeyance the final decision on

the petitioners application for transfer of licence for ARD

No.170 in Nilambur Taluk, for a period of six weeks. The

petitioners shall, within a week of issuance of the legal

heirship certificate, produce the same before the 3rd

respondent. Thereafter, a final decision on the application

shall be taken by the 3rd respondent, with notice to the

petitioners. Till such time, licence of ARD No. 170 in

Nilambur Taluk shall not be issued to third parties.

The writ petition is disposed of accordingly.

Sd/-

V.G ARUN JUDGE

SJ WP(C) NO. 16883 OF 2022

APPENDIX OF WP(C) 16883/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED 18/1/2021 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P2 TRUE COPY OF THE DEATH CERTIFICATE DATED 19/1/2021 ISSUED BY THE VAZHIKKADAVU GRAMA PANCHAYATH.

Exhibit P3 TRUE COPY OF THE FAMILY MEMBERSHIP CERTIFICATED DATED 13/1/2022 ISSUED BY THE VILLAGE OFFICER, VAZHIKKADAVU. Exhibit P4 TRUE COPY OF THE CERTIFICATE DATED 14/1/2022 ISSUED BY THE SECRETARY, VAZHIKKADAVU GRAMA PANCHAYATH.

Exhibit P5 TRUE COPY OF THE CERTIFICATE DATED 10/5/2022 ISSUED BY THE VILLAGE OFFICER, VAZHIKKADAVU VILLAGE.

Exhibit P6 TRUE COPY OF THE ORDER DATED 11.4.2022 ISSUED BY THE 3RD RESPONDENT.

Exhibit P7 TRUE COPY OF THE ADVERTISEMENT INVITING APPLICATIONS FOR ARD APPEARED IN MALAYALA MANORAMA DAILY DATED 18.5.2022 Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 26.5.2022 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 5TH RESPONDENT.

Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 26.5.2022 SUBMITTED BY THE 1ST PETITIONER BEFORE THE HON'BLE MINISTER FOR CIVIL SUPPLIES.