Diya Rose Mariya vs The Village Officer
2023 Latest Caselaw 8235 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                        WP(C) NO. 25157 OF 2023
PETITIONER:

          DIYA ROSE MARIYA
          AGED 13 YEARS
          D/O.PAUL JEEVAN JOB (LATE),SRAMBICAL HOUSE MARIYA VILLA
          ,PATHURKKARA ,THRISSUR , REPRESENTED BY HER MOTHER
          DR.NIMISHA SOLOMEN,D/O SOLOMEN ,SRAMBICAL HOUSE,MARIYA
          VILLA PATHURKKARA ,THRISSUR, PIN - 680003

          BY ADV M.BAIJU NOEL



RESPONDENTS:

    1     THE VILLAGE OFFICER
          CHEMBUKAVU VILLAGE,THRISSUR DISTRICT, PIN - 680020

    2     THE THASILDAR
          THALUK OFFICE ,CIVIL STATION,THRISSUR, PIN - 680003


OTHER PRESENT:

          SMT. VIDYA KURIAKOSE, GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.25157 of 2023

                                   2

                  P.V.KUNHIKRISHNAN
             ---------------------
                 W.P (C) No.25157 of 2023
          ---------------------------
            Dated this the 1st day of August, 2023

                              JUDGMENT

This writ petition is filed with the following prayers:-

"1. Issue a writ of mandamus to direct that the 2 nd respondent to consider Exibit-P3 application to issue the legal heir certificate, including the name of the petitioner as a legal heir.

2. Issue a writ of mandamus to the 1 st respondent to considering the exhibit P4 representation to stop the mutation proceedings of the properties comprised in survey number 407/2 ,407/6, 424/3 up to the issuance of the legal heirship certificate issued.

3. Such other reliefs as this Honourable Court may deem fit and proper in the circumstances of the case. " (SIC)

2. The main prayer in this writ petition is to issue a

direction to the 2nd respondent to consider Ext.P3

application to issue legal heir certificate including the name

of the petitioner as a legal heir.

3. Heard the learned counsel for the petitioner and

the learned Government Pleader.

4. After hearing both sides, I think this writ petition

itself can be disposed of directing the 2 nd respondent to W.P (C) No.25157 of 2023

consider Ext.P3 with notice to the petitioner and other

affected parties if any within a time frame.

Therefore, this writ petition is disposed of with the

following directions.

1) The 2nd respondent is directed to consider and pass appropriate orders in Ext.P3, after giving an opportunity of hearing to the petitioner and other affected parties, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment.

2) The petitioner will produce a certified copy of this judgment along with a copy of the writ petition before the 2nd respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng W.P (C) No.25157 of 2023

APPENDIX OF WP(C) 25157/2023

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER NO.7982/2010 DATED 02.08.2010

Exhibit-P2 TRUE COPY OF THE DEATH CERTIFICATE OF THE DECEASED FATHER OF THE PETITIONER NO.550/2023 DATED 25.05.2023

Exhibit-P3 TRUE COPY OF THE APPLICATION DATED 24.06.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

Exhibit-P4 TRUE COPY OF THE REPRESENTATION DATED 14.7.2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT