Citation : 2024 Latest Caselaw 8848 Ker
Judgement Date : 27 March, 2024
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.
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WP(C) No.8028 of 2024
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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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