Kerala High Court
Juvairy Salam vs Anwar Hussain.A on 21 November, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
Thursday, the 21st day of November 2024 / 30th Karthika, 1946
IA.NO.1/2024 IN WA NO. 1791 OF 2024(FILING NO.)
AGAINST JUDGMENT DATED 04/09/2024 IN WP(C) 31257/2024 OF THIS COURT
APPLICANTS/APPELLANTS (THIRD PARTIES):
1. JUVAIRY SALAM, W/O.LATE ABDUL SALAM, KAITHAVARAM BUNGLOW,
KANKATHUMUKKU, KOLLAM WEST VILLAGE, KOLLAM - 12
2. AMINA AADHIL, W/O.M.N.AADHIL URSH, KAIKARA BUNGLOW, POOJAPPURA P.O,
THIRUVANANTHAPURAM-12
3. FATHIMA NIYAZ, W/O.NIYAZ, KAIKARA HOUSE, MUSLIYAR NAGAR-20,
KILIKOLLOOR P.O, KOLLAM-04
4. AYSHA SALAM.S, W/O.MUHAMMED IRFAN, "ASNA", K.B.NAGAR-118, MADAN
NADA, THEKKEVILA, KOLLAM-16
5. KHADEEJA SALAM, W/O.BINSHAD.M, KAITHAVARAM BUNGLOW, KANKATHUMUKKU,
KOLLAM WEST VILLAGE, KOLLAM-12.
RESPONDENTS/RESPONDENTS/PETITIONER & RESPONDENTS IN W.P.(C):
1. ANWAR HUSSAIN.A, S/O.LATE AHAMED HUSSAIN AND LATE SHEREEFA BEEVI,
KAYIKARA MANSION, T.P.NAGAR-149, THAMARAKKULAM, BEACH ROAD, KOLLAM,
PIN - 691001
2. THE TAHSILDAR, KOLLAM TALUK, KOLLAM, PIN - 690001
3. THE VILLAGE OFFICER, KOLLAM EAST, KOLLAM, PIN - 691001
4. THE VILLAGE OFFICER, KOLLAM WEST, KOLLAM, PIN - 691013
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to grant leave to file
Writ Appeal against the judgment of the Learned Single Judge dated
4.9.2024 in W.P(C)NO.31257 of 2024.
This Application coming on for orders on 21/11/2024 upon perusing
the application and the affidavit filed in support thereof, and upon
hearing the arguments of ADV.SRI. T.M.ABDUL LATHEEF for the applicants
and of ADV.SRI.T.M.CHANDRAN FOR R1 and GOVERNMENT PLEADER for R2 to R4,
the court on the same day passed the following:
Nitin Jamdar, C.J. & S. Manu, J.
=-=-=-=-=-=-=-=-=-=-=-=-=-=
IA No.1 of 2024
in
WA(F) NO.1791 of 2024
&
WA(F) NO.1791 of 2024
=-=-=-=-=-=-=-=-=-=-=-=-=-=
Dated this the 21st day of November 2024
ORDER
Nitin Jamdar, C.J.
Heard Mr.T.M.Abdul Latheef, learned counsel appearing for the
Appellants and Mr. T.M.Chandran, learned counsel appearing for
Respondent No.1.
2. This is a leave to appeal filed by the Appellant challenging the order
dated 4 September 2024 passed by the learned Single Judge directing the
Tahasildar to dispose of the application filed by the Petitioner for legal
heirship certificate. The leave to appeal is sought on the basis that the
Appellants are part of the family and that Respondent No.2 Tahasildar
does not have any power to issue such a certificate and therefore, such an
impugned order could not have been passed issuing such a direction.
3. The learned counsel for the Original Petitioner has raised a
question of the locus of the Appellant. The Appellants are not seeking a
heirship certificate. Their grievance is regarding the authority of the
Tahasildar to issue certificate. Therefore, if the Appellants are not seeking
heirship certificate, it is not necessary for us to entertain the appeal at
their request to set aside the impugned order. However, we make it clear
WA(F) NO.1791 of 2024 & IA No.1 of 2024 in WA(F) NO.1791 of 2024
that if the certificate is used by the Original Petitioner to the prejudice of
the Appellants, Appellants will be entitled to raise all such contentions
including the authority of Tahasildar. Since the issue of jurisdiction of the
Tahasildar, is now being highlighted, it will be appropriate that the
Tahasildar will examine the same before proceeding further, so as to avoid
further complications. We make it clear that this order and the impugned
order are not to be treated as orders deciding the merits of the rival
contentions in their inter se disputes.
4. This Appeal is disposed of.
sd/-
NITIN JAMDAR
CHIEF JUSTICE
sd/-
S.MANU
JUDGE
Nsd
21-11-2024 /True Copy/ Assistant Registrar
