Bindu .S vs State Of Kerala
2024 Latest Caselaw 5508 Ker

Kerala High Court

Bindu .S vs State Of Kerala on 16 February, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
                          WP(C) NO. 5746 OF 2024
PETITIONER:

             BINDU .S
             AGED 52 YEARS, W/O LATE RAVEENDRAN .T.,
             PUTHUVAN PUTHENVEEDU, CHENKAL,VATTAVILA
             P.O.NEYYATTINKARA, THIRUVANATHAPURAM,
             PIN - 695121
             BY ADVS.
             R.GIREESH VARMA
             S.R.SURESH KUMAR

RESPONDENTS:

      1      STATE OF KERALA
             REPRESENTED BY THE SECRETARIAT,
             THIRUVANATHAPURAM, PIN - 695001
      2      THE REVENUE DIVISIONAL OFFICER
             OFFICE OF THE REVENUE DIVISIONER OFFICER,
             THIRUVANATHAPURAM, PIN - 695043
      3      THE THAHSILDAR
             TALUK OFFICE NEYYATTINKARA,
             PIN - 695121
             BY ADV.
             SRI.SUNIL KUMAR KURIAKOSE - GP



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    16.02.2024,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No. 5746 of 2024
                               :2:




                           JUDGMENT

When this matter was called today, the learned counsel

for the petitioner confined his plea that the 2 nd respondent -

Revenue Divisional Officer, be directed to consider Ext.P11

representation preferred by her, wherein, she has contested

Ext.P1 legal heirship certificate issued by the 3 rd respondent,

which also carries the names of the brother and sister of the

deceased Sri.Raveendran T., who was her husband. She

submits that the brother and sister of the deceased cannot be

construed as legal heirs, when she is alive; and, therefore,

that Ext.P1 is in error.

2. In response to the afore request of the petitioner, as

made by her learned counsel - Sri.R.Gireesh Varma, the

learned Government Pleader - Sri.Sunil Kumar Kuriakose,

submitted that, if this Court is only inclined to direct the 2 nd

respondent to take up Ext.P11 and dispose of the same, there

does not appear to be any legal impediment for the

respondent in doing so; but prayed that this Court may not

make any affirmative declarations in her favour and leave it

to the said respondent to take an appropriate decision

thereon, as per law. He, however, added that the question

whether Ext.P11 is maintainable before the 2 nd respondent

may also be an issue to be decided by the said Authority and

requested that liberty for the same also be left open.

3. No doubt, when this Court directs an Authority to act

in a particular manner, it can only be done as per law.

In the afore circumstances, I allow this writ petition to

the limited extent of directing the 2 nd respondent to take up

Ext.P11 representation of the petitioner, and dispose of the

same, after hearing her, as also the brother and sister of the

deceased; thus culminating in an appropriate order and

necessary action thereon, including on its maintainability, if

so impelled, 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 anm

APPENDIX OF WP(C) 5746/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT DATED 19.09.2023 Exhibit P2 TRUE COPY OF THE FRONT PAGE OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF THE HUSBAND SHOWING HIS RELIGION AS HINDU(DATED 10.05.1972) Exhibit P3 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED TO THE HUSBAND OF THE PETITIONER SHOWING HIS RELIGION AS HINDU AND CASTE AS CHEREMAR ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT DATED 20.08.2009 Exhibit P4 TRUE COPY OF HIS SERVICE BOOK SHOWING HIS RELIGION AS HINDU DATED 25.08.2000 Exhibit P5 TRUE COPIES OF THE STATEMENTS RELIED ON BY THE 3RD RESPONDENT OF THE PETITIONER ,BROTHER OF THE DECEASED RAVEENDRAN AND TWO NEIGHBOURS DATED 26.07.2023 Exhibit P6 TRUE COPIES OF THE STATEMENTS RELIED ON BY THE 3RD RESPONDENT OF THE PETITIONER ,BROTHER OF THE DECEASED RAVEENDRAN AND TWO NEIGHBORS DATED 13.07.2023 Exhibit P7 TRUE COPIES OF THE STATEMENTS RELIED ON BY THE 3RD RESPONDENT OF THE PETITIONER ,BROTHER OF THE DECEASED RAVEENDRAN AND TWO NEIGHBORS DATED 11.07.2023 Exhibit P8 TRUE COPIES OF THE NOTARIZED AFFIDAVITS SIGNED BY .T. SASI DATED 03.01.2024 Exhibit P9 TRUE COPIES OF THE NOTARIZED AFFIDAVITS SIGNED BY MAHESH DATED 03.01.2024 Exhibit P10 TRUE COPY OF THE FIR IN CRIME NO.1041/2023 OF PARASALA POLICE STATION DATED 13.06.2023 Exhibit P11 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE REVENUE DIVISION OFFICER DATED 17.10.2023

Exhibit P12 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 3RD RESPONDENT DATED 19.10.2023

RESPONDENTS' EXHIBITS : NIL.