Partly allowed

Ramlath K., v. State of Kerala

Kerala HC23 Nov 2023WP(C)/39060/2023

Case brief

AI extract

What is this about?

In a writ petition, the widow of a deceased KSEB employee sought issuance of a legal heirship certificate and pension. The court directed revenue authorities to expedite the qualifying enquiry within six months pending production of records before the Board. DISPOSITION: PARTIALLY ALLOWED.

What did the court decide?

Directing the 3rd respondent to expedite enquiry for legal heirship certificate within six months, thereafter allowing petitioner to approach the Chief Engineer for pension decision within two months

Ramlath K., Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V THURSDAY, THE 23^RD DAY OF NOVEMBER 2023 / 2ND AGRAHAYANA, 1945

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WP(C) NO. 39060 OF 2023

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PETITIONER:

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RAMLATHK.,
AGED54YEARS
W/O.LATEA.NIZARAHAMAD,ENGINEERSDALE,KUNNAPPALLY
P.O.,PERINTHALMANNA,MALAPPURAMDISTRICT,
PIN-679322

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BYADVS.
C.M.MOHAMMEDIQUABAL
MUHAMMEDAMEEN
ISTINAFABDULLAH
P.ABDULNISHAD
RAIHANATHT.H.

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RESPONDENTS:

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

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2 THE DISTRICT COLLECTOR, MALAPPURAM, COLLECTORATE, MALAPPURAM P.O., PIN - 676505

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3 THE TAHSILDAR, PERINTHALMANNA TALUK OFFICE,PERINTHALMANNA P.O., MALAPPURAM DISTRICT, PIN - 679322

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4 THE VILLAGE OFFICER, PATHAIKKARA VILLAGE OFFICE, PATHAIKKARA P.O., MALAPPURAM DISTRICT, PIN - 679322

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W.P(C) No.39060 of 2023

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5 KERALA STATE ELECTRICITY BOARD VYDHUTHI BHAVAN, REPRESENTED BY ITS CHIEF ENGINEER, PATTOM PALACE, THIRUVANANTHAPURAM, PIN - 695004

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6 THE DEPUTY CHIEF ENGINEER, KSEB ELECTRICAL DIVISION, PERINTHALMANNA P.O., MALAPPURAM DISTRICT, PIN - 679322

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7 UMAIBA BEEVI, D/O. UMMER KANNU, MUMTHAS MANZIL, KILIKOLLOOR P.O., KOLLAM DISTRICT, PIN - 691004

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SMT.SURYABINOY,SR.GOVERNMENTPLEADER
SRI.ANILKS,SCFORKSEB

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON
23.11.2023,THECOURTONTHESAMEDAYDELIVEREDTHE

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FOLLOWING:

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W.P(C) No.39060 of 2023

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JUDGMENT

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The petitioner states that she is the widow of late A. Nizar Ahamad, an employee of KSEB, who passed away on 18.08.1996. Her husband had worked as an Assistant Executive Engineer with the KSEBL. While he was alive, her husband had made her the nominee to receive his pensionary benefits. The 7th respondent was the former wife of A. Nizar Ahamad and even before the submission of the pension application, her husband had entered into a divorce with the 7th respondent. While he was alive, Late Sri Nizar Ahmed had submitted an application for disbursement of pension, but for one reason or the other the same was not done. She would refer to Exhibit P9 letter issued by the Accounts Officer wherein it was mentioned that the nominee or the legal representative may apply for family pension by producing a succession certificate.

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The petitioner states that she approached the Tahsildar and requested for issuance of a legal heirship certificate. When there was a delay, she approached the District Collector. She is aggrieved by Exhibit P12 letter issued by the District Collector informing her that the revenue

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W.P(C) No.39060 of 2023

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authorities are conducting an enquiry as regards the legal heirs of the deceased. She requests that the enquiry to ascertain the legal heirs be expedited and that the Tahsildar be directed to issue the legal heirship certificate as expeditiously as possible.

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The learned Standing Counsel appearing for the 4th respondent submits that if the petitioner submits the required documents as called for, there is no impediment in processing her application and in disbursing the family pension in accordance with law.

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In that view of the matter, this petition is disposed of, directing the 3rd respondent to expedite enquiry in the application filed by the petitioner for issuance of a legal heirship certificate. Efforts shall be made to conclude the same as expeditiously as possible, not later than six months. Thereafter, the petitioner may approach the Chief Engineer and produce all the necessary records and if the same is done, the concerned respondent shall process the same and take a decision on the application filed by the petitioner within a further period of two months.

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Sd/- RAJA VIJAYARAGHAVAN V, JUDGE

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IAP

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W.P(C) No.39060 of 2023

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APPENDIX OF WP(C) 39060/2023

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PETITIONER’SEXHIBITS:

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`Exhibit P1`	`THE TRUE COPY OF THE MARRIAGE CERTIFICATE` `ISSUED BY CHERUKARA JUMA MASJID MAHALLU` `COMMITTEE DATED 21.08.2015`
`Exhibit P2`	`THE TRUE COPY OF THE DEATH CERTIFICATE` `ISSUED BY THE THAZHEKODU GRAMA PANCHAYATH` `DATED 21.11.2023`
`Exhibit P3`	`THE TRUE COPY OF THE CERTIFICATE ISSUED BY` `THE ALUMKOOTTAM JUMA MASJID DATED NIL`
`Exhibit P4`	`THE TRUE COPY OF THE TALAQ KURI ISSUED BY` `A. NIZAR AHAMAD DATED NIL`
`Exhibit P5`	`THE TRUE COPY OF THE COMMUNICATION ISSUED` `BY THE SECRETARY KILIKOLLOOR VALIYAPALLI` `JAMA-ATH DATED 05.12.2012`
`Exhibit P6`	`THE TRUE COPY OF THE RELEVANT PAGES OF THE` `FORMAL APPLICATION FOR PENSION SUBMITTED` `BY A. NIZAR AHAMAD DATED 27.05.1999`
`Exhibit P7`	`THE TRUE COPY OF THE WRITTEN REQUEST` `SUBMITTED BY A.NIZAR AHAMAD BEFORE THE` `CHIEF ENGINEER (HRM), KSEB DATED NIL`
`Exhibit P8`	`THE TRUE COPY OF THE COVERING LETTER` `SUBMITTED BEFORE THE 7TH RESPONDENT DATED` `16.07.2014`
`Exhibit P9`	`THE TRUE COPY OF THE COMMUNICATION ISSUED` `BY THE 5TH RESPONDENT DATED 01.09.2014`

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W.P(C) No.39060 of 2023

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ExhibitP10THETRUECOPYOFTHESCREENSHOTOFTHE
LEGALHEIRAPPLICATIONTRACKINGDATEDNIL
ExhibitP11THETRUECOPYOFTHESCREENSHOTOFTHE
PUBLICATIONINOFFICIALGAZETTEDATED
26.08.2023
ExhibitP12THETRUECOPYOFTHENOTICEISSUEDBY2ND
RESPONDENTDATED10.11.2023

Ramlath K., v. State of Kerala

Case brief

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Ramlath K., v. State of Kerala

Case brief

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