IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26653 of 2010(F)
1. JOSEPH SAMSON,
... Petitioner
Vs
1. THE VILLAGE OFFICER,
... Respondent
2. THE TAHSILDAR, TALUK OFFICE,
For Petitioner :SRI.K.B.DAYAL
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :24/09/2010
O R D E R
ANTONY DOMINIC,J.
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W.P.(C)No.26653 Of 2010
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DATED THIS THE 24th DAY OF SEPTEMBER, 2010
JUDGMENT
Challenge in this Writ Petition is against Exhibit P6, an
order passed by the 2nd respondent rejecting an application made
by the petitioner for issuance of a legal heirship certificate.
According to the petitioner, he is the only legal heir of his
deceased parents. It is stated that when application was made,
enquiry was conducted by the 1st respondent and in Exhibit P5
report submitted, the 1st respondent confirmed that the petitioner
is the only legal heir. Complaint is that, despite the above, by
Exhibit P6, the 2nd respondent rejected the request on the ground
that the purpose for obtaining legal heirship certificate is to get
certain documents released and that for the said purpose legal
heirship certificate cannot be issued.
2. In my view, when an application is made, irrespective
of the purpose, an order is to be passed in the light of the
materials available. If, as stated by the petitioner, Exhibit P5 is
the only report available and there is nothing to indicate that the
petitioner is not the legal heir, there is no reason why the 2nd
W.P.(C)No.26653/10 -2-
respondent should have rejected the application in the manner
which is done in Exhibit P1. Therefore, I set aside Exhibit P6 and
direct the 2nd respondent to pass fresh orders in the matter duly
adverting to Exhibit P5 submitted by the 1st respondent. This
shall be done, at any rate, within four months from the date of
production of a copy of this judgment along with a copy of the
Writ Petition.
The Writ Petition is disposed of as above.
ANTONY DOMINIC, JUDGE.
dsn