Kerala High Court
Jyothi M vs State Of Kerala on 6 February, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
W.P.(C) NO.637 OF 2023
PETITIONERS:
1 JYOTHI M.,
AGED 42 YEARS, D/O. LATE NARAYANAN M.,
PUTHIYAPURAYIL HOUSE,
AROLI, PAPPINISSERI P.O.,
KANNUR, PIN-670 561.
2 NIRMALA M.,
AGED 58 YEARS, W/O. SATHEESAN K.,
MEPPERI HOUSE,
AROLI, PAPPINISSERI P.O.,
KANNUR, PIN-670 561.
BY ADVS.
V.S.CHANDRASEKHARAN
M.V.DAS
S.JAYAKUMAR
LEKSHMI SWAMINATHAN
N.S.SOUMYA MOL
SHAHIM BIN AZIZ
RESPONDENTS:
1 STATE OF KERALA
DEPARTMENT OF REVENUE,
REPRESENTED BY ITS SECRETARY REVENUE COMPLEX,
THIRUVANANTHAPURAM, PIN-695 033.
2 THE THAHSILDAR,
KANNUR TALUK OFFICE, KANNUR, PIN-670 002.
3 THE VILLAGE OFFICER,
PAPPINISSERI VILLAGE, KEECHERI, VELAPURAM,
KANNUR DISTRICT, PIN-670 561.
* ADDL.R4 PRASOONA C.V.,
LEKSHMI NILAYAM,
PAYYATTAM, IRINAVU,
KANNUR, KERALA-67301
-2-
W.P.(C) NO.637 OF 2023
* ADDL. R4 IS IMPLEADED AS PER ORDER DATED
25.01.2023 IN IA NO. 1/2023 IN WPC NO. 637/2023.
SRI. V.S. CHANDRASEKHARAN
SMT. VIDYA KURIAKOSE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-3-
W.P.(C) NO.637 OF 2023
JUDGMENT
Dated this the 6th day of February, 2024
The petitioners are stated to be the sisters of late
Sri. Sujayyan Mepperi and they say that they are the only
legal heirs surviving him because, while he was alive, he
had obtained a divorce from his wife, as evident from
Ext.P3. They add that since their mother had no other
children, they alone are entitled to seek a legal heirship
certificate qua him. They, therefore, pray that the
competent respondents be directed to issue them a legal
heirship certificate, certifying them to be the sole legal
heirs of late Sri. Sujayyan Mepperi.
2. In response to the afore request of
Sri. V.S. Chandrasekharan - learned counsel for the
petitioners, Smt. Vidya Kuriakose - learned Government
Pleader, submitted that the official respondents have no
objection to the request of the petitioners being acceded
to; but that there is a clear suspicion that late
Sri. Sujayyan Mepperi is survived by his wife. He
W.P.(C) NO.637 OF 2023
submitted that this is because, though the petitioners say
that late Sri. Sujayya Mepperi had divorced his wife
during his life time, this has not been established, since
the document relied upon by them is only an agreement
and not a court order. She submitted that therefore, this
Court is inclined to direct the competent Authority to
consider the application of the petitioners, then all these
aspects may be allowed to be kept in mind while doing so.
3. Whatever be the rival contentions that the
parties may have at this stage, the fact remains that every
application made by an applicant will have to be
considered and decided by the competent Authority
within the statutory scheme, without delay.
4. In the case at hand, the application of the
petitioners appears to be not yet finally disposed of, and I
have no doubt that it should be ordered to be done
forthwith.
5. That said, the question whether late Sri.
Sujayya Mepperi has other legal heirs and whether his
divorce is legally tenable etc., are issues that cannot be
W.P.(C) NO.637 OF 2023
considered by this Court at this stage, and will have to be
decided by the competent Authority itself at the first
instance.
In the above circumstances, I allow this writ
petition, directing the 2nd respondent - Tahsildar to take
up the application of the petitioners for issuance of legal
heirship certificate, certifying that they are the legal heirs
of late Sri. Sujayyan Mepperi, after affording them, as
also any other person interested, including the wife of the
deceased, an opportunity of being heard; thus
culminating in an appropriate order and necessary action
thereon, as expeditiously as is possible, but not later than
three months from the date of receipt of a copy of this
judgment.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
bpr
W.P.(C) NO.637 OF 2023
APPENDIX OF WP(C) 637/2023
PETITIONERS' EXHIBITS
Exhibit-P1 TRUE COPY OF THE DEATH CERTIFICATE OF THE
PETITIONERS FATHER.
Exhibit-P2 TRUE COPY OF THE DEATH CERTIFICATE OF THE
PETITIONERS MOTHER.
Exhibit-P3 TRUE COPY OF THE REGISTERED AGREMENT
DATED 25.07.2005.
Exhibit-P4 TRUE COPY OF THE MARRIAGE CERTIFICATE
DATED 09.07.2009.
Exhibit-P5 TRUE COPY OF THE CERTIFICATE OF ENTRY OF
DEATH DATED 9-3-2021ISSUED BY THE
COMMUNITY WELFARE WING OF THE INDIAN
EMBASSY AT RIYADH, SAUDI ARABIA.
Exhibit-P6 TRUE COPY OF THE NO OBJECTION CERTIFICATE
DATED 6-5-2020 ISSUED BY THE ASSISTANT
CONSULAR OFFICER, EMBASSY OF INDIA,
RIYADH, SAUDI ARABIA ISSUED A NO
OBJECTION CERTIFICATE FOR BURIAL OF THE
DEAD BODY OF LATE SUJAYANMEPPERI IN THE
KINGDOM OF SAUDI ARABIA.
Exhibit-P7 TRUE COPY OF THE LEGAL OPINION DATED
02.12.2020 ISSUED BY THE DISTRICT LAW
OFFICER, KANNUR.
Exhibit-P8 TRUE COPY OF THE LETTER BEARING NO.1/2021
DATED NIL ISSUED BY THE 3RD RESPONDENT.
Exhibit-P9 TRUE COPY OF THE LETTER DATED
3-3-2021 ISSUED BY THE 1ST PETITIONER TO
THE 3RD RESPONDENT.
Exhibit-P10 TRUE COPY OF THE REPLY BEARING
NO.B1/6291/21 DATED 19.03.2021 ISSUED BY
THE 2ND RESPONDENT TO THE 3RD RESPONDENT.
Exhibit-P11 TRUE COPY OF THE LETTER DATED NIL ISSUED
BY THE 3RD RESPONDENT TO THE 1ST
PETITIONER.
