Dismissed

Rosamma Thomas v. State of Kerala

Kerala HC1 Jul 2013WA/642/2013

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a Writ Appeal filed by Rosamma Thomas challenging an order denying a CBI enquiry. Citing an ongoing police investigation and finding no ground for interference, the Bench held that challenges to a will must follow standard procedure rather than attempting to question the cause of death.

What did the court decide?

The Writ Appeal is dismissed as there is no good ground to interfere with the orders of the learned Single Judge.

Rosamma Thomas Vs State of Kerala — Property and Title | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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MONDAY, THE 1ST DAY OF JULY 2013/10TH ASHADHA, 1935

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WA.No. 642 of 2013 ()

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------------------------------------------(AGAINST THE ORDER/JUDGMENT IN WP(C).NO. 27340/2012 DATED 17-01-2013)

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APPELLANT/PETITIONER:

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ROSAMMA THOMAS, AGED 55 YEARS, W/O.LATE THOMAS ANTONY, GOLDEN ENCLAVE, FLAT NO.9A,KANHIKUZHI, KOTTAYAM.

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BY ADVS.SRI.ANEESH JOSEPH SMT.DENNIS VARGHESE

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RESPONDENTS/RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY SECRETARY TO HOME AFFAIRS,

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GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.

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2. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM-695 001.

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3. SUPERINTENDENT OF POLICE,

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CENTRAL BUREAU OF INVESTIGATION, ERNAKULAM.

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4. STATION HOUSE OFFICER,

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ERNAKULAM TOWN NORTH POLICE STATION,

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ERNAKULAM-682 018.

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R1,R2 & R4 BY SPL.GOVERNMENT PLEADER SMT.GIRIJA GOPAL

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R3 BY ADV.SRI.P.CHANDRASEKHARA PILLAI,SC, C.B.I.

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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Manjula Chellur, C.J. & K.Vinod Chandran , J.

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W.A. No. 642 OF 2013

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- - - - Dated this the 1^st day of July, 2013

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JUDGMENT

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Manjula Chellur, C.J.

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We have gone through the order of the learned Single Judge as well as other documents.

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From the records we note that already

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investigation is under progress which would be completed soon by the State Police. As per this investigation, the death of petitioner's husband was due to liver cancer. But, however, according to the petitioner, he must have died in suspicious circumstances only on account of bequeath of major portion of the property in favour of the brother of the deceased rather than the wife and the children. It is pertinent to mention at this stage that the petitioner and her children were not living with the deceased either at the time of his illness or at the time of his death or even before that. This is not disputed by the petitioners' counsel.

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W.A. No. 642 of 2013

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-:2:-

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If at all she has any challenge against the alleged Will said to have been executed by the deceased, she can always challenge the same in accordance with the procedure contemplated, but not by asking for a CBI enquiry into the cause of death of the deceased. We do not find any good ground to interfere with the orders of the learned Single Judge and accordingly the Writ Appeal is dismissed.

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Manjula Chellur, Chief Justice.

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K.Vinod Chandran, Judge.

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ttb/01/07

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W.A. No. 642 of 2013

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-:3:-

Rosamma Thomas v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rosamma Thomas v. State of Kerala

Case brief

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What did the court decide?

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