The High Court of Kerala dismissed an appeal challenging a single judge's judgment that directed the petitioner to adjudicate claims regarding deposits and LIC policy under Wills before the competent civil court.
Writ appeal dismissed; petitioner directed to adjudicate claim before competent civil court.
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 THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 11TH DAY OF OCTOBER 2023 / 19TH ASWINA, 1945
WA NO. 1772 OF 2023
AGAINST THE JUDGMENT IN WP(C) 24268/2022 DATED 09.08.2023 OF HIGH
COURT OF KERALA
APPELLANT/PETITIONER:
VIJAYAENDRAN.T.
AGED 57 YEARS
S/O.THANKAPPAN PILLAI, AYILYAM, MYLAKKARA.P.O.,
KALLIKKAD, KATTAKKADA, THIRUVANANTHAPURAM, PIN - 69557
BY ADV S.ANANTHAKRISHNAN
RESPONDENTS/RESPONDENTS:
1 THE SUPERINTENT OF POST OFFICES, OFFICE OF THE SUPERINTENDENT OF POST OFFICES, THIRUVANANTHAPURAM, SOUTH DIVISION, THIRUVANANTHAPURAM, PIN - 6950232 THE POST MASTER, POOJAPPURA POST OFFICE, POOJAPPURA, THIRUVANANTHAPURAM, PIN - 6950123 LIC OF INDIA BRANCH NO.1, JEEVAN JYOTHI, P.B.NO.150, LIC BUILDING, RESIDENCY ROAD, KOLLAM-REPRESENTED BY BRANCH MANAGER, PIN - 6910014 MANAGER - CLAIMS, CLAIMS DEPARTMENT DIVISIONAL OFFICE, LIC OF INDIA, PATTOM, THIRUVANANTHAPURAM, PIN - 695004CGC SUVIN R. MENON;
ADV. T.V. AJAYAKUMAR FOR R3.R4
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11.10.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO. 1772 OF 2023
-2-
JUDGMENT
A.J.DESAI, C.J.
By way of the present appeal filed under Section 5 of the Kerala High Court Act, the original petitioner has challenged the judgment passed by the learned Single Judge dated 09.08.2023, in W.P. (C)No.24268 of 2022.
As the learned Single Judge has rightly held that the appellant/original petitioner has to adjudicate his claim before the competent civil court, the writ appeal is hereby dismissed.
Sd/-
A.J.DESAI
CHIEF JUSTICE
Sd/-
V.G.ARUN
JUDGE
uu
11.10.2023
1 issue framed by the court
Whether the claim regarding Wills executed by the deceased Achuthananda Swami falls within the jurisdiction of the writ court.
1 provisions across 1 enactments
VIJAYAENDRAN.T.
THE SUPERINTENT OF POST OFFICES
THE POST MASTER, POOJAPPURA
LIC OF INDIA BRANCH NO.1
MANAGER - CLAIMS, LIC OF INDIA, PATTOM
A.J.DESAI
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court