Allowed

A.Narayanan v. State of Kerala

Kerala HC1 Oct 2018OP(C)/2469/2018

Case brief

AI extract

What is this about?

The High Court allowed a petition challenging orders requiring the petitioner to produce a legal heirship or succession certificate to withdraw deposited land acquisition compensation. The court relied on Resilikutty Chacko to hold that such compensation is not a debt under the Indian Succession Act, declaring the requirement illegal and allowing the petitioner to withdraw funds.

What did the court decide?

Impugned orders dated 03.08.2018 are set aside. The court below is directed to consider the applications and pass orders in accordance with law.

A.Narayanan Vs State of Kerala — Succession and Inheritance | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.HARIPRASAD

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MONDAY ,THE 01ST DAY OF OCTOBER 2018 / 9TH ASWINA, 1940

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OP(C).No. 2469 of 2018

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AGAINST THE ORDERS DATED 3.8.2018 IN IA NO.613/2018 AND CHEQUE APPLICATION NO.535/17/18 IN LAR NO.131/2010 of II ADDITIONAL SUB COURT,THIRUVANANTHAPURAM

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PETITIONER:

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A.NARAYANAN,AGED 53 YEARS, S/O ANANTHA SUBRAMANIA IYER, T.C 28/1237(NEW TC 29/1257),LAKSHMI SWARA 95,SREEKANTESWARAM FORT P.O., VANCHIYOOR, THIRUVANANTHAPURAM DISTRICT.

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BY ADVS.SRI.M.RAJENDRAN NAIR SMT.M.SANTHY

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RESPONDENT:

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STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM-695 038

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BY GOVT.PLEADER MR.M I JOHNSON

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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JUDGMENT

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Heard the learned counsel for the petitioner and the

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learned Government Pleader.

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2. Exts.P3 and P4 orders passed by the II Additional Sub

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Court, Thiruvananthapuram in L.A.R.No.131 of 2010 are under

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challenge in this original petition. Petitioner is the only son of

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OP(C) No.2469 of 2018

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deceased N.A.S.Mani @ Anantha Subramania Iyer whose property had been acquired under the provisions of the Land Acquisition Act, 1894. The compensation amount was deposited before the court below on 16.01.2018. When the petitioner approached the court below to withdraw the amount in deposit, the impugned orders have been passed by the Sub Judge stating that either legal heirship certificate or succession certificate should be produced for enabling him to get the amount disbursed.

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The impugned orders are directly in conflict with the ratio in Resilikutty Chacko and others v. State of Kerala (1998(2)

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KLT 912 ), wherein it has been categorically found that compensation amount awarded in a land acquisition proceeding cannot be treated as a debt falling within Section 214 of the Indian Succession Act, 1925. Therefore, insistence by the Sub Judge to produce either legal heirship certificate or succession certificate is completely illegal.

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In the result, the petition is allowed. The impugned orders are set aside. The court below shall consider the applications and pass orders in accordance with law.

A.HARIPRASAD

JUDGE

cks

OP(C) No.2469 of 2018

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE JUDGMENT OF THE 2ND ADDL. SUB COURT DATED 26.02.2014 IN LAR NO. 131/2010

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EXHIBIT P2 TRUE COPY OF AFFIDAVIT AND CHEQUE APPLICATION DATED 23.02.2018 SUBMITTED BY THE PETITIONER BEFORE SUB COURT, THIRUVANANTHAPURAM.

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EXHIBIT P3 CERTIFIED COPY OF ORDER OF THE 2ND ADDL. SUB JUDGE DATED 03.08.2018 IN C.A. NO. 535/17/18. EXHIBIT P4 CERTIFIED COPY OF ORDER IN I.A. NO. 613/2018 DATED 03.08.2018. EXHIBIT P5 TRUE COPY OF B DIARY IN L.A.R NO. 131/2010

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RESPONDENT'S EXHIBITS : NIL

A.Narayanan v. State of Kerala

Case brief

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A.Narayanan v. State of Kerala

Case brief

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