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B.Jamaludheen v. State of Kerala

Kerala HC20 Feb 2020WP(C)/1699/2020

Case brief

AI extract

What is this about?

The Court granted directions to the 7th respondent to expeditiously publish a notice for objections regarding the petitioners' Legal Heirship Certificate application. The Court also ordered the respondents to issue the certificate after accounting for any objections.

What did the court decide?

Direction to 7th respondent to publish notice within one month and issue Legal Heirship Certificate after objection period.

B.Jamaludheen Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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THURSDAY, THE 20TH DAY OF FEBRUARY 2020 / 1ST PHALGUNA, 1941

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WP(C).No.1699 OF 2020(J)

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PETITIONERS:

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1 B.JAMALUDHEEN AGED 69 YEARS S/O VAVA RAUTHER, VELLAPPILLY (H) MUSLIM STREET, KOTTARAKKARA, KOLLAM-691 506.

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2 J.S.SHAMEER MUHAMMED, AGED 39 YEARS S/O B. JAMALUDHEEN, VELLAPPILLY (H) MUSLIM STREET, KOTTARAKKARA, KOLLAM-691 506.

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BY ADVS.

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SRI.V.A.MUHAMMED SRI.V.A.MUHAMMED

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RESPONDENTS:

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1 STATE OF KERALA, REVENUE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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3 THE DIRECTOR OF GENERAL EDUCATION, OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, THIRUVANANTHAPURAM-695 014.

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4 THE DISTRICT COLLECTOR, CIVIL STATION,KOLLAM-691 013.

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5 THE TAHASILDAR, TALUK OFFICE, KOTTARAKKARA-691 506.

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6 STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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*ADDL. THE DIRECTOR, R7 GOVERNMENT CENTRAL PRESS, TRIVANDRUM

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WP(C).No.1699 OF 2020(J)

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*** IMPLEADED AS PER ORDER IN I.A NO.1/2020 DATED 20/02/2020**

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PRINCY XAVIER, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.1699 OF 2020(J)

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JUDGMENT

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Dated this the 20th day of February 2020

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This writ petition is filed seeking directions to the respondents to accept the copy of Ext.P1 certificate by verifying the veracity of the same from the 5^th respondent.

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The learned Government Pleader submits on instructions, that a photostat copy cannot be accepted and that the petitioners' application for Legal Heirship Certificate will be expedited by the respondents. It is further submitted that after due verifications, the draft of the notification has been forwarded to the 7^th respondent on 31.01.2020 by the 5^th respondent.

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In the above view of the matter, there will be a direction to the 7^th respondent to take expeditious steps for publishing the notice with regard to the Legal Heirship Certificate applied for by the petitioners at the earliest. The respondents shall thereafter take appropriate steps to issue the Legal Heirship Certificate taking note of objections, if any, received after the notification. Appropriate steps shall be taken within one month from the date of expiry of the

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WP(C).No.1699 OF 2020(J)

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period prescribed for submitting objections.

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The writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

SVP

WP(C).No.1699 OF 2020(J)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE LEGAL HEIR SHIP CERTIFICATE DATED 23.12.2002 ISSUED BY THE 5TH RESPONDENT

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EXHIBIT P2 TRUE COPY OF THE REPORT DATED 20.10.2005 SENT BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF THE ORDER NO GO (ORDINARY) NO 4800/2018/GN EDN DATED 17.11.2018 PASSED BY THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE LETTER DATED 25.8.2019 SENT BY THE 2ND RESPONDENT EXHIBIT P5 A TRUE COPY OF THE LETTER DATED 5.11.2019 IN A4 15392/19 ISSUED BY THE 5TH RESPONDENT

B.Jamaludheen v. State of Kerala

Case brief

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B.Jamaludheen v. State of Kerala

Case brief

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