Hariharaputhran S.B vs State Of Kerala
2023 Latest Caselaw 13566 Ker

Kerala High Court

Hariharaputhran S.B vs State Of Kerala 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. 43147 OF 2023
PETITIONER:

          HARIHARAPUTHRAN S.B, AGED 30 YEARS,
          S/O SIVANKUTTY, ERUCHERI ADUKKAM HOUSE,
          MULAYAR VAZHI, KOTTOOR P.O.,
          KASARAGODE, PIN - 671121.

          BY ADV LATHEESH SEBASTIAN


RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY ADDITIONAL CHIEF SECRETARY,
          HOME DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001.

    2     STATE POLICE CHIEF, POLICE HEAD QUARTERS,
          VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695010.

    3     THE TAHSILDAR, TALUK OFFICE,
          THIRUVANANTHAPURAM, PIN - 695023.

    4     OMANA, AGED 50 YEARS, D/O SARASAMMA,
          MANASHANTHI BHAVAN, KUPPAKKAL NILAMA, OOKKODE P.O.,
          THIRUVANANTHAPURAM, PIN - 695020.

    5     PRIYADHARAPUTHRAN, AGED 24 YEARS,
          S/O OMANA, MANASHANTHI BHAVAN, KUPPAKKAL NILAMA,
          OOKKODE P.O., THIRUVANANTHAPURAM, PIN - 695020.

    6     HIMADHARAPUTHRAN, AGED 23 YEARS,
          S/O OMANA, MANASHANTHI BHAVAN, KUPPAKKAL NILAMA,
          OOKKODE P.O., THIRUVANANTHAPURAM, PIN - 695020.

          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. 43147 OF 2023
                              -2-

                           JUDGMENT

The petitioner impugns Ext.P5 order of the

3rd respondent - Tahsildar, whereby, his request

for Succession Certificate has been rejected on

the ground that all the legal heirs had not made

the application jointly.

2. Sri.Latheesh Sebastian - learned counsel

for the petitioner, submitted that Ext.P5 is

untenable because, Ext.P1 - Decree of the Family

Court, Thiruvananthapuram, clearly establishes

the right of her client to be granted the

Succession Certificate, which is manifest from

Ext.P3; and that, therefore, the Tahsildar is

now enjoined to be ordered to act as per its

terms, without any avoidable delay.

3. Smt.Vidya Kuriakose - learned Government

Pleader, on the other hand, submitted that

Ext.P5 has been issued by the Tahsildar because,

there appears to be disputes between the WP(C) NO. 43147 OF 2023

petitioner and other legal heirs of the deceased

father, late Sivankutty. She explained that, it

is, therefore, that the said Authority requested

the petitioner to obtain the consent of all the

other legal heirs.

4. I am afraid that I cannot find full

favour with the afore submissions of the learned

Government Pleader because, if the petitioner is

able to establish that he is the only legal heir

of late Sivankutty and if he is able to prove it

through cogent and reliable evidence, then

nothing stops the Tahsildar from acting upon it

and issuing necessary Certificate. Of course,

while doing so, he must also hear the objectors,

if any.

In the afore circumstances, I order this

writ petition and set aside Ext.P5; with a

consequential direction to the 3rd respondent -

Tahsildar, to reconsider the application of the WP(C) NO. 43147 OF 2023

petitioner, after affording him, as also any

objector, an opportunity of being heard; thus

culminating in an appropriate order and

necessary action thereon, as expeditiously as is

possible, but not later than one month from the

date of receipt of a copy of this judgment.

Needless to say, while doing as afore, the

Tahsildar will advert to every relevant and

cogent input, including Ext.P1 Decree of the

Family Court, Thiruvananthapuram.

However, this does not mean that the

Tahsildar is not empowered to decide the ambit

and sweep of Exts.P1 and P3; and he will keep

that in mind, while completing the exercise as

afore.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 43147 OF 2023

APPENDIX OF WP(C) 43147/2023

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE DECREE OF THE FAMILY COURT, THIRUVANANTHAPURAM DATED 23.07.2018 IN O.P. NO.879/2015

EXHIBIT P2 TRUE COPY OF THE ORDER OF THE FAMILY COURT, THIRUVANANTHAPURAM IN E.P. NO.91/2019 IN O.P NO.879/2015 DATED 02.08.2021

EXHIBIT P3 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 24.08.2021

EXHIBIT P4 TRUE COPY OF THE LETTER OF THE 1ST RESPONDENT DATED 06.07.2022

EXHIBIT P5 TRUE COPY OF THE LETTER OF THE 3RD RESPONDENT DATED 06.08.2022