The petitioner filed a writ petition seeking a direction to complete proceedings on an application for a legal heirship certificate submitted before respondent No. 4 within a specified time frame.
Direction to respondents 3 and 4 to expedite and issue legal heirship certificate within three months.
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 ALEXANDER THOMAS
THURSDAY ,THE 03RD DAY OF JANUARY 2019 / 13TH POUSHA, 1940
WP(C).No. 33 of 2019
PETITIONER/S:
GURU SWAMY, AGED 63 YEARS S/O. KANTHAN, RESIDING AT H.NO.1/106, AANAYIRANKAL P.O., IDUKKI DISTRICT - 685613.
BY ADV. SRI.N.M.VARGHESE
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY, REVENUE (R) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001.
OTHER PRESENT:
SRI.SAIGI JACOB PALATTY,SR.GOVT.PLEADER FOR R1 TO R4
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ALEXANDER THOMAS, J.
==================
W.P.(C).No. 33 of 2019
==================
Dated this the 3rd day of January, 2019
J U D G M E N T
The prayers in the above Writ Petition (Civil) are as follows:
the petitioner and Sri.Saigi Jacob Palatty, learned Senior Govt. Pleader appearing for respondents 1 to 4. In the nature of the order that is proposed to be passed in this petition, notice to R-5 will stand dispensed with.
W.P.(C).33/19 - : 3 :-
date of production of a certified copy of this judgment.
With these observations and directions, the above Writ Petition
(Civil) stands finally disposed of.
sdk+
Sd/- ALEXANDER THOMAS, JUDGE
W.P.(C).33/19 - : 4 :-
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A PHOTOCOPY OF COMMUNICATION NO.B3-2858/17 DATED 17/04/2018 ISSUED BY THE 5TH RESPONDENT PANCHAYATH.
| EXHIBIT P2 | A PHOTOCOPY |
OF | DEATH | CERTIFICATE |
|---|---|---|---|---|
| NO.D0020582/1706 | 141 | DATED | 20/06/20174 | |
| CERTIFYING THE | DEATH | OF THE | FATHER OF THE | |
| PETITIONER. |
EXHIBIT P3 A PHOTOCOPY OF DEATH CERTIFICATE NO. D00205821708082 DATED 10/08/2017 CERTIFYING THE DEATH OF THE MOTHER OF THE PETITIONER.
EXHIBIT P4 A PHOTOCOPY OF RELEVANT PAGES OF THE RATION CARD OF THE FAMILY OF THE PETITIONER.
| EXHIBIT P5 | A PHOTOCOPY OF AADHAAR | CARD NO.4182 8856 4573 |
|---|---|---|
| OF THE PETITIONER. |
2 issues framed by the court
Whether writ jurisdiction should be exercised to direct authorities to expedite the issuance of a legal heirship certificate.
What time frame should be prescribed for the consideration of the application.
Guru Swamy
State of Kerala
The District Collector, Idukki
The Tahsildar, Udumbanchola
The Village Officer, Rajakumar
The Santhanthpara Grama Panchayath
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
