The Court deferred the issue of maintainability of O.P.No.966/2015 before the Family Court to that forum for decision by a specific date. The matter regarding the issuance of the legal heirship certificate was explicitly left open.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 19TH DAY OF JANUARY 2016/29TH POUSHA, 1937
WP(C).No. 166 of 2016 (U)
PETITIONER:
PUSHPALATHA.C., P & T QUARTERS, THIRUMULLAVARAM, KOLLAM -691 012
BY DR.K.P.SATHEESAN,SENIOR ADVOCATE ADVS. SRI.P.MOHANDAS (ERNAKULAM) SRI.ANOOP.V.NAIR SRI.S.VIBHEESHANAN SRI.K.SUDHINKUMAR
RESPONDENTS:
1. THE TAHSILDAR, TALUK OFFICE, KUNNATHOOR TALUK, SASTHAMCOTTA, KOLLAM DISTRICT, PIN- 690 521
2. THE ASSISTANT GENERAL MANAGER (ADMINISTRATION), OFFICE OF THE GENERAL MANAGER, BHARAT SANCHAR NIGAM LTD, TELECOM DISTRICT, KOLLAM -691 001
3. RADHAMMA, RADHA MANDIRAM, MYNAGAPPALLY P.O,
KOLLAM- 690 519
4. MADHAVANKUTTY PILLAI, KATTUVILAYIL HOUSE, MYNAGAPPALLY P.O,
KOLLAM -690 519
5. SUMANGALAYAMMA, KATTUVILAYIL HOUSE, MYNAGAPPALLY P.O,
KOLLAM- 690 519
6. APPUKUTTAN PILLAI, HAREESH BHAVAN, MYNAGAPPALLY P.O,
7. MANIAMMA, KATTUVILAYIL HOUSE, MYNAGAPPALLY SOUTH, MYNAGAPPALLY P.O, KOLLAM -690 519
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WP(C).NO.166/2016
8. REGHUNATHAN PILLAI, KATTUVILAYIL HOUSE, MYNAGAPPALLY SOUTH, MYNAGAPPALLY P.O, KOLLAM -690 519
R1 BY GOVERNMENT PLEADER SRI.GIKKU JACOB R2 BY ADVS. SRI.V.V.SURESH,SC, BSNL
SRI.R.SACHIT SRI.MATHEWS K.PHILIP,SC, BSNL R3 TO R7 BY ADV. SRI.P.V.JAYACHANDRAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 166 of 2016 (U)
APPENDIX
PETITIONER(S)' EXHIBITS
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WP(C).NO.166/2016
RESPONDENT(S)' EXHIBITS: NIL
/TRUE COPY/
P.S.TO JUDGE
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A.MUHAMED MUSTAQUE, J.
W.P.(C).No.166/2016
Dated this the 19th Day of January, 2016
J U D G M E N T
The issue in this writ petition is centered around as to the legal
heirs of late Bhadran Pillai. The petitioner claims that she is the
legally wedded wife of the deceased Bhadran Pillai. It appears that
the party respondents, who are the sisters and brothers of Bhadran
Pillai, dispute the factum of marriage of their brother with the
petitioner and therefore, the Revenue Officials are unable to issue
legal heirship certificate.
said suit was withdrawn. Thereafter, the petitioner has approached
the Family Court for partitioning the estate of Bhadran Pillai. The
petitioner submits that the application filed by the party respondents
W.P.(C).No.166/2016
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before the Family Court, Kollam as O.P.No.966/2015 is not
maintainable and further, that it was filed with an intention to
protract the petitioner's claim for appointment under the dying-in-
harness Scheme with the BSNL where late Bhadran Pillai worked as an
employee.
O.P.No.966/2015 shall be decided by the Family Court where the O.P
is pending, before 31/03/2016 and if it is found that the O.P is maintainable, the O.P itself shall be disposed within a further period
of six months. The issue relating to the question of issuance of legal
heirship certificate is therefore, left open.
The writ petition is disposed of as above.
Sd/A.MUHAMED MUSTAQUE, JUDGE
ms
2 issues framed by the court
Whether the Family Court should be asked to decide the maintainability of O.P.No.966/2015 before a specified date.
Whether the question of issuance of legal heirship certificate needs to be decided in this writ petition.
PUSHPALATHA.C.
THE TAHSILDAR, TALUK OFFICE, KUNNATHOOR TALUK, SASTHAMCOTTA, KOLLAM DISTRICT
THE ASSISTANT GENERAL MANAGER (ADMINISTRATION), OFFICE OF THE GENERAL MANAGER, BHARAT SANCHAR NIGAM LTD, TELECOM DISTRICT, KOLLAM
RADHAMMA
MADHAVANKUTTY PILLAI
SUMANGALAYAMMA
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court