Dismissed

Koyakutty P a v. the Tahsildar, Kunnathunadu Taluk

Kerala HC16 Dec 2022WP(C)/34644/2022

Case brief

AI extract

What is this about?

Petitioner sought correction of a legal heirship certificate containing the name of his daughter from an earlier marriage. The High Court disposed of the writ petition directing the first respondent to issue a fresh certificate excluding the daughter's name after obtaining her consent. Petitioner bears rectification charges.

What did the court decide?

First respondent to issue fresh legal heirship certificate after deleting additional respondent's name and publish notification in Gazette; petitioner to bear charges.

Koyakutty P a Vs the Tahsildar, Kunnathunadu… — Pension and Retirement Benefits | Kerala HC (2022)

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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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FRIDAY, THE 16^TH DAY OF DECEMBER 2022 / 25TH AGRAHAYANA, 1944

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WP(C) NO. 34644 OF 2022

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PETITIONER:

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KOYAKUTTY P.A.,

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AGED 44 YEARS, S/O. ALIYAR, PULLIKUDY HOUSE, KODIKKULAM VILLAGE, KODIKKULAM KARA, THODUPUZHA TALUK-685 582.

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BY ADVS. SIRAJ KAROLY ANSILA C.A. JAVED HAIDER

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RESPONDENTS:

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1 THE TAHSILDAR, KUNNATHUNADU TALUK, TALUK OFFICE, PERUMBAVOOR, ERNAKULAM DISTRICT-683 542.

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2 THE TALUK SUPPLY OFFICER, KUNNATHUNADU, PERUMBAVOOR, ERNAKULAM DISTRICT-683 542.

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3 THE VILLAGE OFFICER, PATTIMATTOM VILLAGE, P.O. PATTIMATTOM, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT-683 562.

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4 THE VILLAGE OFFICER, KODIKKULAM VILLAGE, KODIKKULAM P.O., THODUPUZHA TALUK, IDUKKI DISTRICT-685 582.

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5 THE TAHSILDAR, THODUPUZHA TALUK, TALUK OFFICE, THODOUPUZHA, IDUKKI DISTRICT-685 584.

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6 THE MANAGING DIRECTOR, KERALA STATE CIVIL SUPPLIES CORPORATION, THIRUVANANTHAPURAM-695 033.

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-2-

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W.P.(C) NO.34644 OF 2022

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7 THE MANAGER, KERALA STATE CIVIL SUPPLIES CORPORATION LTD., REGIONAL OFFICE, ERNAKULAM-682 011.

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8 THE DISTRICT COLLECTOR, ERNAKULAM CIVIL STATION, KAKKANAD-682 030.

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9 STATE OF KERALA REPRESENTED BY ITS SECRETARY, FOOD AND CIVIL SUPPLIES, GOVT OF KERALA, THIRUVANANTHAPURAM-695 001.

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10 PAREEKUNJU P.M., AGED 73 YEARS, S/O.MARAKKAR, POTHIYIL HOUSE, PATTIMATTOM VILLAGE, WEST CHELAKKULAM, KUNNATHUNADU TALUK, ERNAKULAM-683 561.

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*ADDL.R11 ANSU KOYAKKUTTY, AGED 18 YEARS, D/O. KOYAKUTTY, RESIDING AT PULLIKUDY VEEDU, KODIKKULAM VILLAGE, KODIKKULAM KARA, THODUPUZHA TALUK-685 582.

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*** ADDL.R11 IS IMPLEADED AS PER ORDER DATED 16.12.2022 IN IA 1/2022 IN WP(C)NO. 34644/2022.**

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SMT.MOLLY JACOB, SC, SUPPLYCO SRI.M.V.JOY

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SRI. P.S. APPU, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) NO.34644 OF 2022

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JUDGMENT

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Dated this the 16^th day of December, 2022

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The petitioner's wife Sunitha P.P. died-in-harness, while working as Clerk under the 2^nd respondent. For the purpose of receiving her service benefits and other dues, the petitioner submitted an application for legal heirship certificate. By mistake, the name of petitioner's daughter in his earlier marriage was also included as a legal heir in the legal heirship certificate. Thereupon, the petitioner requested the 1^st respondent to correct the mistake by deleting the name of Ansu Koyakutty from the certificate. The 1^st respondent having failed to take action on the application for correction, this writ petition is filed.

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When the matter came up for admission, the petitioner was asked to implead Ansu Koyakutty as a party to the proceedings. Accordingly, Ansu Koyakkutty was impleaded as the additional 11^th respondent.

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Learned Counsel for the additional 11^th respondent submits, on instructions, that, his client has

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-4-

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W.P.(C) NO.34644 OF 2022

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absolutely no objection in her name being deleted from the array of legal heirs.

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In the light of the unequivocal stand taken by the additional 11^th respondent, this writ petition is disposed of directing the 1^st respondent to issue fresh legal heirship certificate to the petitioner after deleting Ansu Koyakkutty's name (Serial No.2 in Ext.P5 order). Appropriate notification shall thereafter be published in the Gazette. Necessary charges for the rectification and Gazette notification shall be met by the petitioner. The needful in this regard shall be done within three months of receipt of a copy of this judgment.

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Sd/- V.G. ARUN JUDGE

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bpr

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-5-

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W.P.(C) NO.34644 OF 2022

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APPENDIX OF WP(C) 34644/2022

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PETITIONER'S EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE FRONT PAGE OF THE SSLC BOOK OF THE DECEASED WIFE DATED 29.03.1994. EXHIBIT P2 TRUE COPY OF THE DEATH CERTIFICATE OF THE DECEASED WIFE DATED 03.03.2021.

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EXHIBIT P3 TRUE COPY OF THE ENQUIRY REPORT BY THE 3RD RESPONDENT DATED 22.10.2021.

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EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGE OF THE RATION CARD OF THE PETITIONER INCLUDING THE DECEASED WIFE AND OTHER FAMILY MEMBERS.

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EXHIBIT P5 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE DATED 06.12.2021. EXHIBIT P6 TRUE COPY OF THE REQUEST SUBMITTED BEFORE THE 1ST RESPONDENT DATED 04.03.2022 BY THE PETITIONER.

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EXHIBIT P7 TRUE COPY OF THE LETTER SEND BY THE 1ST RESPONDENT TO THE LAW OFFICER DATED 21.04.2022.

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RESPONDENTS' EXHIBITS

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EXHIBIT R1(A) TRUE COPY OF CIRCULAR NO. 18939/T2/2008/REVENUE DATED 31.07.2009

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EXHIBIT R11(A) TRUE COPY OF THE RELEVANT PAGE OF THE SCHOOL LEAVING CERTIFICATE OF THE 11TH RESPONDENT.

Koyakutty P a v. the Tahsildar, Kunnathunadu Taluk

Case brief

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Koyakutty P a v. the Tahsildar, Kunnathunadu Taluk

Case brief

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