Bindu Johnson vs The State Police Chief, Kerala State
2023 Latest Caselaw 13431 Ker

Citation : 2023 Latest Caselaw 13431 Ker
Judgement Date : 21 December, 2023

Kerala High Court

Bindu Johnson vs The State Police Chief, Kerala State on 21 December, 2023

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA, 1945
                       WP(C) NO. 43195 OF 2023
PETITIONERS:

    1     BINDU JOHNSON, AGED 50 YEARS,
          W/O.LATE JOHNSON JOSEPH,
          KAROTTUMANGALATH HOUSE KAKKOOR P.O., THIRUMARADI,
          ERNAKULAM DISTRICT, PIN - 686662.

    2     ATHULYA SARA JOHNSON, AGED 26 YEARS,
          D/O.LATE JOHNSON JOSEPH (GRADE SUB INSPECTOR,
          KERALA POLICE), RESIDING AT KAROTTUMANGALATH HOUSE,
          KAKKOOR P.O., THIRUMARADI, ERNAKULAM DISTRICT,
          PIN - 686662.

          BY ADVS.
          RAJU SEBASTIAN VADAKKEKKARA
          S.KRISHNA KUMAR (MANGALAM)
          SABAD K.H.
          SANTHOSH BHASKARAN NAIR
          RIFSA REBAIE
          ARUN E.A
          BERTRAND BASIL


RESPONDENTS:

    1     THE STATE POLICE CHIEF,
          KERALA STATE POLICE HEAD QUARTERS,
          VAZHUTHAKKAD, THIRUVANANTHAPURAM,
          PIN - 695003.

    2     THE DISTRICT COLLECTOR,
          ERNAKULAM DISTRICT
          CIVIL STATION, KAKKANADU,
          ERNAKULAM, PIN - 682021.

    3     THE DISTRICT POLICE CHIEF,
          OFFICE OF THE DISTRICT POLICE CHIEF,
          ERNAKULAM RURAL ALUVA,
          ERNAKULAM DISTRICT, PIN - 683101.

    4     THE TAHASILDAR, MUVATTUPUZHA TALUK,
          MINI CIVIL STATION, MUVATTUPUZHA,
          ERNAKULAM DISTRICT, PIN - 686669.
 WP(C) NO. 43195 OF 2023
                                   -2-


    5          THE VILLAGE OFFICER, THIRUMARADY VILLAGE,
               THIRUMARADY P.O., ERNAKULAM DISTRICT,
               PIN - 686662.

               SMT VIDYA KURIAKOSE-GP


        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   21.12.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 43195 OF 2023
                                         -3-

                                JUDGMENT

The petitioners make a singular plea that

the 2nd respondent - District Collector, be

directed to take a valid decision on Ext.P2

Legal Heirship Certificate, adverting to Ext.P9

judgment issued by the Family Court,

Muvattupuzha.

2. However, in response to the afore

submissions of Sri.Raju Vadakkekara - learned

counsel for the petitioners, Smt.Vidya

Kuriakose - learned Government Pleader,

submitted that the factual situation does not

appear to be as simple as projected by the

petitioners because there seems to be disputes

between the petitioner and his erstwhile wife.

She submitted that, however, if this Court is

only inclined to direct the 2nd respondent to

take an appropriate decision on Ext.P2 as per

law, adverting to the judgment of the Family WP(C) NO. 43195 OF 2023

Court, she will not stand in the way of

appropriate orders being issued. She, however,

prayed that this Court may not make any

affirmative declarations in favour of the

petitioners.

3. No doubt, while this Court directs the

2nd respondent to act, it does not mean that he

is ordered to do it in a particular manner. He

has to apply his mind and act under the

Statutory Scheme.

In the afore circumstances, I order this

writ petition and direct the 2nd respondent to

take a final decision on Ext.P2 Legal Heirship

Certificate, adverting to Ext.P9 judgment, after

affording the petitioners, as also any other

interested persons, including the persons

mentioned in the aforesaid judgment, an

opportunity of being heard; thus culminating in

an appropriate order and necessary action WP(C) NO. 43195 OF 2023

thereon, as expeditiously as is possible, but

not later than two months from the date of

receipt of a copy of this judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 43195 OF 2023

APPENDIX OF WP(C) 43195/2023

PETITIONER EXHIBITS

EXHIBIT- P1 TRUE COPY OF THE DEATH CERTIFICATE DATED 7/10/2013, LATE JOHNSON JOSEPH

EXHIBIT- P2 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE ISSUED TO THE 1ST PETITIONER BINDU JOHNSON W/O LATE JOHNSON JOSEPH BY THE 4TH RESPONDENT TAAHASILDAR, MUVATTUPUZHA, DATED 17/02/2014.

EXHIBIT- P3 TRUE COPY OF THE ORDER IN OA(EKM) NO.

452/2015 OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL DATED 23/07/2019.

EXHIBIT- P4 TRUE COPY OF THE MODIFIED LEGAL HEIRSHIP CERTIFICATE PREPARED IN THE FORM OF A LETTER AND FORWARDED TO THE 3RD RESPONDENT, DATED 02.12.2015.

EXHIBIT- P5 TRUE COPY OF THE LETTER DATED 20/01/2016 BY THE 4TH RESPONDENT.

EXHIBIT- P6 TRUE COPY OF THE EXPLANATION, SUBMITTED BEFORE THE 4TH RESPONDENT, BY THE 1ST PETITIONER, DATED 27/01/2016.

EXHIBIT- P7 TRUE COPY OF THE ORDER IN OA (EKM) NO.1832/2020 DATED 07/12/2020 PASSED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, ADDL. BENCH, ERNAKULAM.

EXHIBIT- P8 TRUE COPY OF THE LETTER DATED 07/04/2021, BY THE 1ST RESPONDENT TO 2ND RESPONDENT.

EXHIBIT- P9 TRUE COPY OF THE JUDGMENT IN O.P. WP(C) NO. 43195 OF 2023

928/2021 OF THE FAMILY COURT, MUVATTUPUZHA, DATED 24/05/2023.

EXHIBIT- P10 TRUE COPY OF THE REPRESENTATION DATED 04/08/23, SUBMITTED TO THE 1ST RESPONDENT STATE POLICE CHIEF ALONG WITH EXHIBIT P9 JUDGEMENT BY THE 1ST PETITIONER & OTHERS.

EXHIBIT- P11 TRUE COPY OF THE REPRESENTATION DATED 07/08/2023, SUBMITTED BY THE PETITIONER, BEFORE THE 2ND RESPONDENT.

EXHIBIT- P12 TRUE COPY OF THE LETTER DATED 31/10/2023, BY THE 4TH RESPONDENT.