Sakeena.P.K vs State Of Kerala
2024 Latest Caselaw 27762 Ker

Kerala High Court

Sakeena.P.K vs State Of Kerala on 13 September, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                            2024:KER:69965
WP(C) NO. 32654 OF 2024

                           -1-


         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

            THE HONOURABLE MR.JUSTICE V.G.ARUN

FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946

                  WP(C) NO. 32654 OF 2024

PETITIONER/S:

         SAKEENA.P.K
         AGED 53 YEARS
         W/O.LATE BEKAL MUHAMMED SHALI @ MUHAMMED
         SHALI, SUNDIKOPPA, ULUGULI VILLAGE, SOMAVARPETTA
         TALUK, KODAGU DISTRICT, KARNATAKA., PIN - 571327


         BY ADV SATHEESHAN ALAKKADAN


RESPONDENT/S:

    1    STATE OF KERALA
         REPRESENTED BY ITS SECRETARY DEPARTMENT OF
         REVENUE SECRETARIAT, THIRUVANANTHAPURAM, PIN
         –, PIN - 695001

    2    THE TAHSILDAR
         MINI CIVIL STATION, HOSDURG, KANHANGAD,
         KASARAGOD., PIN - 671315

    3    THE VILLAGE OFFICER
         VILLAGE OFFICE, PALLIKKARA, KASARAGOD., PIN -
         671317
                                                    2024:KER:69965
WP(C) NO. 32654 OF 2024

                                -2-




OTHER PRESENT:

            SRI.SUNIL KUMAR KURIAKOSE, SR.G.P.


     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   13.09.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                        2024:KER:69965
WP(C) NO. 32654 OF 2024

                                  -3-



                            JUDGMENT

Petitioner is the 2nd wife of one Bekal Muhammed Shali.

Their marriage was solemnized on 28.01.2008. Bekal Muhammed

Shali died at Qatar on 07.07.2024. Thereafter, the petitioner

submitted an application, seeking issuance of legal heirship

certificate. The petitioner's grievance is that despite she being a legal

heir of deceased Bekal Muhammed Shali, the 3rd respondent is not

issuing the certificate. Hence, the petitioner submitted Ext.P5

representation before the 2nd respondent. As the representation did

not yield any positive result, this writ petition is filed. The prayer in

this writ petition is for a direction to the 2 nd respondent to consider

Ext.P5 representation within a time frame.

2.Heard the learned Counsel for the petitioner and the

learned Government Pleader.

3. The learned Counsel for the petitioner submitted that,

though based on the petitioner's application the 3rd respondent has

conducted an enquiry, further action is not being taken.

2024:KER:69965 WP(C) NO. 32654 OF 2024

4. The learned Government Pleader submitted that the

application for legal heirship certificate is to be submitted online and

if the petitioner has submitted a physical application, she will also

have to submit an online application.

5. In so far as Ext.P5 representation is pending before the

2nd respondent, the writ petition is disposed of, directing to consider

the representation within one month. If the 2nd respondent finds that

the petitioner is required to submit a fresh application online, the

same shall be intimated to her immediately. Needless to say that,

while taking a decision on the representation, the petitioner shall be

afforded an opportunity of hearing.

Sd/-

V.G.ARUN JUDGE

uu 13.09.2024 2024:KER:69965 WP(C) NO. 32654 OF 2024

APPENDIX OF WP(C) 32654/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY OF SUNNI SHAFFI JUMA MASJID, SUNTIKOPPA DATED 26-07-2024 SHOWING THE MARRIAGE BETWEEN THE PETITIONER AND MUHAMMED SHALI

Exhibit P2 TRUE COPY OF THE ADHAR CARDS OF THE PETITIONER

Exhibit P3 TRUE COPY OF THE ADHAR CARD OF THE PETITIONER'S DAUGHTER

Exhibit P4 A TRUE COPY OF THE REGISTRATION OF DEATH OF THE PETITIONER'S HUSBAND DATED 07-07-2024 ISSUED BY THE EMBASSY OF INDIA AT DOHA, QATAR

Exhibit P5 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 02-09-2024