Beena Peter vs The State Of Kerala
2023 Latest Caselaw 8861 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                   WP(C) NO. 25456 OF 2022
PETITIONER:

         BEENA PETER
         AGED 34 YEARS, WIFE OF LATE BERTY O.,
         RESIDING AT MEVARATH HOUSE, KUNNATHUR EAST P.O,
         KUNNATHUR, KOLLAM DISTRICT - 690 540.
         BY ADVS.
         T.MADHU
         C.R.SARADAMANI
         SHAHID AZEEZ
         RESHMA SANTHOSH
         RENJISH S. MENON

RESPONDENTS:

    1    THE STATE OF KERALA
         REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
         REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM - 695 001.
    2    THE TAHSILDAR,
         KOTTARAKKARA TALUK, TALUK OFFICE, KOTTARAKKARA,
         KOLLAM DISTRTICT-691 606.
 ADDL.R3 SATHYAVATHI S
         W/O.UNNUNNI, MATHENKUZHI HOUSE,
         VETTIKAVALA POST, MYLADUPARA KARA,
         MELILA VILLAGE, KOTTARAKKARA TALUK

          IS IMPLEADED AS PER ORDER DATED 15.06.2023 IN
          IA1/2023 IN WPC)

OTHER PRESENT:

         SRI. LATHEESH SEBASTIAN FOR R3, SRI.
         B.S.SYAMANTAK, GP


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.08.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C).No.25456/2022

                                       2




                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                    W.P.(C).No.25456 of 2022
              ----------------------------------------------
            Dated this the 14th day of August, 2023


                                  JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of certiorari and quash the Exhibit P1 order bearing No. A4-9429/2022 dated 29/06/2022 of the second respondent, so as to secure the ends of justice.

ii. Issue a writ of mandamus of any appropriate writ directing the second respondent to conduct enquiry as to who are the legal heirs of deceased Berty O., the husband of the petitioner and to issue the legal heir ship certificate to the petitioner as expeditiously as possible and within a time frame to be fixed by this Hon'ble Court, so as to secure the ends of justice.

iii. Such other relief's as this Hon'ble Court may deem fit and proper in the circumstances of the case.

(SIC)

2. The marriage between the petitioner and Sri Berty O.

was solemnized at Villoor Edmond CSI Church on 10.05.2007 WP(C).No.25456/2022

is the submission. During the subsistence of the marriage

between the aforesaid Berty O and the petitioner, Berty O.

met with an untimely death. According to the petitioner, she,

being his widow is entitled to seek appointment under the

dying in harness scheme because Sri.Berty O was a Civil

Police Officer at the time of his death. It is the case of the

petitioner that, during the subsistence of marriage, the

petitioner has filed a petition for realization of money and gold

ornaments from her husband and mother in law and the

same is pending. After the death of her husband, the petitioner

filed a suit for partition of the property left behind by her

deceased husband which is also pending. According to the

petitioner, in order to apply for appointment under the dying

in harness scheme, the petitioner submitted an application

before the 2nd respondent for a legal heirship certificate. The

2nd respondent, by Ext.P1 order, rejected the application,

holding that the mother in law of the petitioner objected

issuance of the legal heirship certificate to the petitioner.

Hence this writ petition.

3. Heard the learned counsel for the petitioner and

the learned Government Pleader. I also heard the learned WP(C).No.25456/2022

counsel for the 3rd respondent, who is the mother in law of the

petitioner.

4. A statement is filed by the 2nd respondent

supporting Ext.P1. A perusal of Ext.P1 would show that the

only reason for rejecting the application for legal heirship

certificate is that, the mother in law, who is the 3 rd respondent,

objected the same. The counsel for the 3rd respondent -

mother in law submitted that she is only aggrieved in granting

compassionate appointment to the petitioner and she has no

grievance for issuing the legal heirship certificate because she

is also a legal heir of deceased Berty O.

5. If that be the case, Ext.P1 can be set aside and the

2nd respondent can be directed to issue legal heirship

certificate to the petitioner. All other contentions of the 3 rd

respondent can be left open.

Therefore, this writ petition is disposed of in the

following manner:

1. Ext.P1 is set aside.

2. The 2nd respondent is directed to issue legal

heirship certificate of deceased Berty O. in

accordance with law, as expeditiously as WP(C).No.25456/2022

possible, at any rate, within three weeks from

the date of receipt of a stamped certified copy of

this judgment.

3. All other contentions of the 3rd respondent are

left open.

sd/-

                                        P.V.KUNHIKRISHNAN
JV                                             JUDGE
 WP(C).No.25456/2022





                 APPENDIX OF WP(C) 25456/2022

PETITIONER EXHIBITS
Exhibit P1        THE TRUE COPY OF THE ORDE4R NO.A4-

9429/2022 DATED 29.06.2022 OF THE SECOND RESPONDENT.

RESPONDENT ANNEXURES Annexure R2(a) True copy of the circular No. 18939/T2/2008/Revenue dated 31/7/2009 PETITIONER EXHIBITS Exhibit P2 THE TRUE COPY OF THE ORIGINAL PETITION NO.28/2022 ON THE FILES OF THE FAMILY COURT, KOTTARAKKARA.

Exhibit P3 THE TRUE COPY OF THE MARRIAGE DOCUMENT ISSUED BY THE DISTRICT CHAIRMAN, VILLOOR EDMONDS CHS CHURCH, KOTTARAKKARA.