Kerala High Court
Kumari Lini vs The Tahasildar on 7 November, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:87916
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946
WP(C) NO. 27267 OF 2024
PETITIONER:
KUMARI LINI
AGED 54 YEARS
W/O LATE. B.VASUDEVAN NAIR, THERIVILA PUTHEN VEEDU,
AMCODE, PERUMKADAVILA P.O., NEYATTINKARA,
THIRUVANANTHAPURAM, PIN - 695124
BY ADVS.
JIBU P THOMAS
DEVIKA VISWOM
MEHARU RIZIN N.
KULATHUR S.V. PREMAKUMARAN NAIR
RESPONDENTS:
1 THE TAHASILDAR
NEYATTINKARA NEYATTINKARA TALUK OFFICE, NEYATTINKARA
P.O. THIRUVANANTHAPURAM, PIN - 695121
2 THE VILLAGE OFFICER
NEYATTINKARA VILLAGE OFFICE, NEYATTINKARA P.O.,
THIRUVANANTHAPURAM, PIN - 695121
3 ADDL.R3: ARCHANA,
AGED 32 YEARS, D/O LATE. B.VASUDEVAN NAIR, ROHINI
NIVAS, CHENTHI, POMGUMMOODU, MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM, PIN-695 001
(IS IMPLEADED AS PER ORDER DATED 05.08.2024 IN IA
NO.1/2024 IN WP(C) 27267/2024)
SRI. P.S. APPU, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:87916
WP(C)No.27267 of 2024
2
JUDGMENT
Dated this the 7th day of November, 2024
The petitioner is the legal heir of B.
Vasudevan Nair, who was employed in the Police
department. After the death of Vasudevan Nair on
28.06.2015, disputes arose between the petitioner
and one Jalajakumari, who also claimed to be the
wife of the deceased. This resulted in a suit being
filed by Jalajakumari, seeking a declaration that she
is the legally wedded wife and for a permanent
injunction, preventing the authorities from disbursing
the retirement benefits of B.Vasudevan Nair to the
2024:KER:87916
petitioner. The said suit was dismissed by the Munsiff
Court as per Ext.P4. The petitioner is aggrieved by
the 1st respondent's refusal to issue legal heirship
certificate to her, in spite of Ext.P4 judgment.
2. Heard, learned Counsel for the petitioner and
the learned Government Pleader.
3. The 3rd respondent has not appeared, despite
service of notice.
4. Learned Counsel for the petitioner submits
that Jalajakumari is no more and of her two children,
only the 3rd respondent is now alive.
5. Learned Government Pleader submits that,
in spite of repeated notices, requiring the 3 rd
respondent to appear for the purpose of completing
the enquiry on the application for legal heirship
certificate submitted by the petitioner, she has not
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appeared. Therefore, the 1st respondent was left with
no alternative, than to direct the petitioner to
approach the civil court and obtain succession
certificate.
6. Having heard the Counsel on both sides, this
Court is of the opinion that, merely for reason of the
3rd respondent's failure to respond to the notices, the
petitioner cannot be compelled to approach the civil
court. The proper procedure is for the 1 st respondent
to conclude the enquiry, based on the Village
Officer's report and other relevant information.
The writ petition is hence disposed of, by
quashing Exhibit P6 and directing the 1 st respondent
to proceed with the enquiry based on the report of
the Village Officer and take further action in
accordance with Clause 236 of the Village Manual
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and G.O.M.S.No.359/67/RD dated 10.08.1967. The
needful in this regard shall be done within three
months of receipt of a certified copy of this
judgment.
Sd/-
V.G.ARUN
JUDGE
SSK/7/11
2024:KER:87916
APPENDIX OF WP(C) 27267/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE MARRIAGE CERTIFICATE
ISSUED BY THE SECRETARY, SNDP SAKHA YOGAM,
ARUVIPPURAM DATED 07.11.2011
Exhibit-P2 TRUE COPY OF THE ORDER DATED 19.10.2012 IN
E.P.3/2012 IN O.P.1016/2001ON THE FILE OF
THE FAMILY COURT, THIRUVANANTHAPURAM
Exhibit-P3 TRUE COPY OF THE COMMUNICATION LETTER
NO.A6-9210/2011/QC SENT BY THE DISTRICT
POLICE CHIEF TO THE ACCOUNT GENERAL (A&E),
KERALA DATED 18.02.2015
Exhibit-P4 TRUE COPY OF THE JUDGMENT IN
O.S.NO.1393/2015 DATED 30.09.2022
Exhibit-P5 TRUE COPY OF THE COMMUNICATION LETTER NO.
A6-62650/2022/QC DATED 16.11.2023 ISSUED BY
THE CITY POLICE COMMISSIONER, KOLLAM CITY
TO THE PETITIONER
Exhibit-P6 TRUE COPY OF THE LETTER
NO.TLK-NTA/2584/2023-A8 DATED 21.08.2023
ISSUED BY THE 1ST RESPONDENT
RESPONDENTS EXHIBITS : NIL
TRUE COPY
P.A. TO JUDGE
