Disposed

Madhu Sankarankutty v. State of Kerala

Kerala HC22 Aug 2022WP(C)/2672/2022

Case brief

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What is this about?

High Court directed the Tahsildar to consider the petitioner's application for a legal heirship certificate after a divorce proceeding in Family Court was dismissed, ordering a decision within one month. No specific statutes are cited.

What did the court decide?

Directed the Tahsildar to consider the application for legal heirship certificate and take a decision within one month referring to the Family Court judgment.

Madhu Sankarankutty Vs State of Kerala — Kerala HC (2022) — LawSathi Research

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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 V.G.ARUN

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MONDAY, THE 22ND DAY OF AUGUST 2022 / 31ST SRAVANA, 1944

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WP(C) NO. 2672 OF 2022

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PETITIONER:

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MADHU SANKARANKUTTY
AGED 51 YEARS
S/O.SANKARANKUTTY, PLAMKEEZHIL,
CHETTIKULANGARA, ALAPPUZHA - 690106
(NOW RESIDING AT KUTTIYIL HOUSE,
KAITHA SOUTH, CHETTIKULANGARA P.O,
KANNAMANGALAM, ALAPPUZHA, PIN - 690106)
BY ADVS.
V.PHILIP MATHEWS
GIBI.C.GEORGE

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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2 THE TAHSILDAR TALUK OFFICE, MAVELIKKARA, ALAPPUZHA DISTRICT, PIN - 690101

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3 THE DEPUTY TAHSILDAR (L.R.M) TALUK OFFICE, MAVELIKKARA, ALAPPUZHA DISTRICT, PIN - 690101

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4 THE VILLAGE OFFICER VILLAGE OFFICE, PERINGALA, ALAPPUZHA DISTRICT, PIN – 690559

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BY SRI.P.S.APPU, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.08.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) No.2672 OF 2022

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V. G. ARUN, J.

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=========================== WP(C) No.2672 of 2022

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============================ Dated this the 22^nd day of August, 2022

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JUDGMENT

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The petitioner’s wife Bindu V. died on 07.08.2021. Thereupon, the petitioner preferred Ext.P2 application seeking legal heirship certificate by including the names of the petitioner and his two minor children. Petitioner’s application for legal heirship certificate was not considered on the premise that a case filed by him seeking for divorce of his marriage with Late Bindu is pending before the Family Court, Mavelikkara. The petitioner relied on Ext.P4 judgment of the Family Court, Mavelikkara in O.P. (HMA) No.806 of 2021 to submit that his divorce petition was dismissed as not pressed on 11.10.2021.

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Learned counsel for the petitioner submitted that in view of Ext.P4, there is no impediment in considering the application for legal heir ship certificate. The learned Government Pleader submitted that the application can be considered in accordance with the relevant provisions and an appropriate decision taken.

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WP(C) No.2672 OF 2022

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Accordingly, this writ petition is disposed of directing the 2^nd respondent to consider Ext.P2 and take appropriate decision thereon, after adverting to Ext.P4 Judgment of the Family Court. The decision, as directed above, shall be taken within one month of receipt of a copy of this judgment. Further proceedings for issuance of legal heirship certificate shall be initiated, based on the decision so taken.

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Sd/V. G. ARUN JUDGE

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WP(C) No.2672 OF 2022

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APPENDIX OF WP(C) 2672/2022

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PETITIONER EXHIBITS

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Exhibit P1COPY OF DEATH CERTIFICATE DATED 24-08-2021
OFPETITIONER’SWIFEISSUEDFROM
KALAMASSERY MUNICIPALITY
Exhibit P2COPY OF APPLICATION DATED 20-09-2021 FILED
BY THE PETITIONER BEFORE THE SECOND
RESPONDENT
Exhibit P3COPY OF REPLY DATED 29-10-2021 ISSUED BY
THE STATE PUBLIC INFORMATION OFFICER &
DEPUTY TAHSILDAR (LRM), TALUK OFFICE,
MAVELIKKARA TO THE PETITIONER
Exhibit P4COPY OF JUDGMENT DATED 11-10-2021 PASSED IN
OP(HMA)NO.806/2021
Exhibit P5COPY OF JUDGMENT DATED 11-10-2021 PASSED IN
OP(HMA)NO.807/2021
Exhibit P6COPY OF COMMUNICATION NO.C1-10693/21 DATED
08-11-2021 ISSUED BY THE SECOND RESPONDENT
Exhibit P7COPY OF REPRESENTATION DATED 15-11-2021
SUBMITTED BY THE PETITIONER BEFORE THE
SECOND RESPONDENT

Madhu Sankarankutty v. State of Kerala

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Madhu Sankarankutty v. State of Kerala

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