Partly allowed

Rukiya Beevi Saidali v. State of Kerala

Kerala HC8 Oct 2021WP(C)/16399/2021

Case brief

AI extract

What is this about?

Petitioner sought expansion of a legal heir certificate to include siblings. Court set aside the existing certificate and directed the authority to consider a separate representation and hear the petitioner within three weeks, explicitly reserving opinion on merits.

What did the court decide?

Ext.P2 set aside; respondent to consider representation and hear petitioner within three weeks without prejudice to merits.

Rukiya Beevi Saidali Vs State of Kerala — Succession and Inheritance | Kerala HC (2021)

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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 P.V.KUNHIKRISHNAN

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FRIDAY, THE 8^TH DAY OF OCTOBER 2021 / 16TH ASWINA, 1943

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WP(C) NO. 16399 OF 2021

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PETITIONER:

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RUKIYA BEEVI SAIDALI AGED 55 YEARS W/O. LATE A.NAGOOR MEERA, KOTHUVAL HOUSE, PETTAH, PATHANAMTHITTA, NOW RESIDING AT SALEEM MANZI, KUTTIKUNNU, MALAPPURAM-679 322 BY ADVS. S.SHANAVAS KHAN S.INDU

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

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2 THE TAHSILDAR, KOZHENCHERRY TALUK OFFICE, MINI CIVIL STATION, KOZHENCHERRY, PATHANAMTHITTA-689 641 BY ADV GOVERNMENT PLEADER

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OTHER PRESENT:

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SMT.RASHMI.K.M, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).No.16399/2021

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P.V.KUNHIKRISHNAN, J.

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W.P.(C).No.16399 of 2021

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---------------------------------------------Dated this the 08^th day of October, 2021

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JUDGMENT

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This writ petition is filed with following prayers:

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i. Issue a writ of mandamus or any other writ, order or direction directing the 2^nd respondent to issue legal heirship certificate in accordance with Hanafi Law of Inheritance by incorporating the names of other legal heirs of the deceased, A.Nagoor Meera.

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ii. Issue a writ of mandamus or any other writ, order or direction directing the 2^nd respondent to consider and take action on Ext.P5 after extending an opportunity of being heard to petitioner or her representative.

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iii. Pass such other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

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The petitioner is a widow and her husband died on

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25.01.2019. The 2^nd respondent issued Ext.P2 legal heir certificate declaring the petitioner as well as her mother-inlaw as the legal heirs of the deceased. According to the petitioner, the legal heirs of the deceased are the wife, mother

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W.P.(C).No.16399/2021

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and other siblings. The petitioner contended that she will be able to convince the 2^nd respondent that there are some others also to be included in the legal heir certificate. The Government Pleader submitted that the legal heir certificate is issued after inviting objections and publishing in the official gazette.

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Since there is a dispute about the legal heirs of deceased Nagoor Meera and the petitioner submitted that she will be able to convince the authority concerned about the legal heirs of deceased Nagoor Meera, I think an opportunity can be given to the petitioner.

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Therefore, this writ petition is allowed in the following manner:

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Ext.P2 legal heir certificate is set aside.

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The 2^nd respondent is directed to consider Ext.P5 representation and pass appropriate orders in it in accordance to law, as expeditiously as possible, at any rate, within three weeks from the date of receipt of a copy of this judgment.

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Before passing final orders, the 2^nd respondent

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W.P.(C).No.16399/2021

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will give an opportunity of hearing to the petitioner.

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I make it clear that I have not considered the matter on merit and the 2^nd respondent is free to take appropriate decision in accordance to law.

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Sd/- P.V.KUNHIKRISHNAN JUDGE

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W.P.(C).No.16399/2021

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APPENDIX OF WP(C) 16399/2021

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE DEATH CERTIFICATE DATED 13.02.2019 ISSUED BY BIRTH AND DEATH REGISTRAR, PATHANAMTHITTA Exhibit P2 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE DATED 04.10.2019 ISSUED BY THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE DEATH CERTIFICATE DATED 10.12.2019 ISSUED BY REGISTRAR OF BIRTHS AND DEATHS, THAZHEKKODE GRAMA PANCHAYAT Exhibit P4 TRUE COPY DISCHARGE SUMMARY DATED 12.04.2020ISSUED BY MVR CANCER CENTRE AND RESEARCH INSTITUTE, KOZHIKODE Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 03.08.2021 SUBMITTED BEFORE THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE RECEIPT EVIDENCING THE SUBMISSION OF EXT.P5

Rukiya Beevi Saidali v. State of Kerala

Case brief

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Rukiya Beevi Saidali v. State of Kerala

Case brief

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