IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 3747 of 2010(P)
1. SINDHU.T.O, W/O.LATE, SIVAPRASAD, AGED
... Petitioner
Vs
1. THE TAHSILDAR, KOTTARAKKARA TALUK,
... Respondent
2. THE VILLAGE OFFICER, KARAPURA VILLAGE,
3. OMANA, HARI MANDIRAM, NEELESWARAM PO,
4. THE ASSISTANT EXECUTIVE ENGINEER,
For Petitioner :SRI.G.BHAGAVAT SINGH
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :24/02/2010
O R D E R
T. R. RAMACHANDRAN NAIR, J
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W.P.(C.) No. 3747 of 2010
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Dated this the 24th day of February 2010
J U D G M E N T
The petitioner is the widow of late Sivaprasad who died on
24.11.08 while he was working as U.D.Clerk in Kerala Water
Authority. The deceased left behind the petitioner, the minor
son Sabari and his mother, 3rd respondent herein as the legal
heirs. Ext.P1 is the death certificate issued by the Kareepra
Grama Panchayath. For getting a legal heir certificate the
petitioner approached the 1st respondent as per Ext.P2. It is
averred in the writ petition that the said application was
forwarded to the Village Officer, Kareepra for report, with
necessary records and statements. Finally, the Village Officer
obtained statements from the various parties and sent it to the
1st respondent, as per Exts.P3 & P4.
2. Aggrieved by the delay in the matter, this writ petition
has been filed. It appears that the 3rd respondent is not co-
operating with the enquiry made by the 1st respondent. Ext.P4
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report of the Village Officer shows that she has refused to give
any deposition before the Village Officer also. Ext.P5 is a
representation submitted by the 3rd respondent before the
District Collector, which according to the petitioner has been
forwarded to the 4th respondent already. What is pointed out in
Ext.P5 is that the 3rd respondent may not get any assistance from
the petitioner once the benefits are availed off by her. Finally in
Ext.P5 she has expressed her wish that any appointment to the
dependent of the deceased may be given to the grandson,
namely, Sabari, the son of the petitioner.
3. Ext.P9 is the legal opinion forwarded by the Additional
District Government Pleader to the 1st respondent stating that
the legal heir certificate can be issued by showing that, wife
Sindhu, son Sabari and mother Omana are the legal heirs of the
deceased Sivaprasad. Ext.P10 is the copy of the gazette
notification showing the names of the petitioner, the minor son
Sabari and mother Omana as the legal heirs of deceased
Sivaprasad, issued by the Tahsildar inviting objections if any.
4. In spite of receipt of notice, the 3rd respondent has not
entered appearance herein. Since enquiry etc. are stated to be
W.P.(C) No.3747 of 2010
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over, the 1st respondent will take appropriate action to issue
legal heir certificate showing the names of the legal heirs
including the petitioner, 3rd respondent and the minor son Sabari
to the petitioner. The same will be done within two weeks from
the date of receipt of a copy of this judgment.
The writ petition is disposed of as above. No costs.
T.R.RAMACHANDRAN NAIR,
JUDGE
JVT