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Sheenamol.P.D @ ( Sheena Jimmy) vs The Tahsildar
2024 Latest Caselaw 8848 Ker

Citation : 2024 Latest Caselaw 8848 Ker
Judgement Date : 27 March, 2024

Kerala High Court

Sheenamol.P.D @ ( Sheena Jimmy) vs The Tahsildar on 27 March, 2024

Author: T.R. Ravi

Bench: T.R.Ravi

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
    WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
                        WP(C) NO. 8028 OF 2024
PETITIONER:

          SHEENAMOL.P.D @ ( SHEENA JIMMY)
          AGED 49 YEARS
          W/O LATE JIMMY RESIDING AT KAITHARAN SPW ROAD,
          COMPANYPADY, ALUVA , ERNAKULAM, PIN - 683106.

          BY ADV K.K.RAZIA


RESPONDENTS:

    1     THE TAHSILDAR
          GROUND FLOOR, MINI CIVIL STATION, CIVIL STATION RD,
          PERIYAR NAGAR, ALUVA, ERNAKULAM, KERALA, PIN - 683101.
    2     MERCY JOHN
          KAITHARAN VILLA ANACHAL-VAZHIKULANGARA ROAD, ANACHAL,
          ERNAKULAM, MANACKAPADY, KARUMALOOR.P.O.,
          NORTH PARAVOOR, PIN - 683511.
    3     K.K.JOHN
          KAITHARAN VILLA ANACHAL-VAZHIKULANGARA ROAD, ANACHAL,
          ERNAKULAM MANACKAPADY,KARUMALOOR.P.O. NORTH PARAVOOR,
          PIN - 683511.
 *ADDL.R4 THE REVENUE DIVISIONAL OFFICER
          OFFICE OF THE REVENUE DIVISIONAL OFFICER,
          FORT KOCHI-682 001.

          * IS IMPLEADED AS ADDL. R4 AS PER ORDER DATED
          27.03.2024 IN IA NO.1/2024.

          SRI. SUNIL KUMAR KURIAKOSE. GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8028 OF 2024

                                     2

                               T.R. RAVI, J.
               --------------------------------------------
                       WP(C) No.8028 of 2024
                   --------------------------------------------
              Dated this the 27th day of March, 2024


                              JUDGMENT

The petitioner is aggrieved by the Legal Heirship

Certificate issued to her on the death of her husband,

which includes the parents of her deceased husband also.

It is her contention that since the parties are Christians,

the parents of the Christian male are not legal heirs if the

deceased has left behind children. It is submitted that the

petitioner has preferred an appeal before the additional

4th respondent and seeks direction to hear and dispose of

the same.

In the above circumstances, this writ petition is

disposed of directing the additional 4th respondent to

consider and pass orders on the appeal which is stated to

have been filed by the petitioner with regard to the

correction of the Legal Heirship Certificate after hearing WP(C) NO. 8028 OF 2024

the petitioner and any other affected parties at the

earliest, at any rate, within six weeks from the date of

receipt of a copy of this judgment.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 8028 OF 2024

APPENDIX OF WP(C) 8028/2024

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE CERTIFICATE DATED 15.06.2007.

Exhibit P2 TRUE COPY OF THE JUDGMENT IN O.P.(CRL) NO.1795/2012 DATED 07/09/2012. Exhibit P2(a) TRUE COPY OF THE MEDIATION AGREEMENT DATED 10.08.2012 IN O.P.(CRL) NO.1795/2012.

Exhibit P3               TRUE COPY OF THE CHEQUE NO 255133 ISSUED
                         IN    FAVOUR    OF   THE    PARENTS    DATED
                         14/08/2012.
Exhibit P3(a)            TRUE COPY OF THE CHEQUE NO 004700 ISSUED
                         IN    FAVOUR    OF   THE    PARENTS    DATED
                         05/09/2012.
Exhibit P4               TRUE COPY OF THE LETTER DATED 03.02.2024

OF THE 1ST RESPONDENT TO THE PETITIONER. Exhibit P5 TRUE COPY OF THE APPEAL SUBMITTED BEFORE THE RDO DATED 14/03/2024.

Exhibit P6 TRUE COPY OF THE RECEIPT.

 
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