IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 WP(C).No. 35544 of 2004(F) -------------------------- PETITIONER(S): --------------- M.SEETHALAKSHMI, W/O.KRISHNAN, RESIDING AT `AJANTHA', KALLAI, KOZHIKODE. BY ADV. SRI.V.V.SURENDRAN SRI.P.A.HARISH RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KOZHIKODE. 2. THE REVENUE DIVISIONAL OFFICER, KOZHIKODE. 3. KALOOR SETHUMADHAVAN, S/O. KALOOR CHANDU, RESIDING AT 38/1968A PARAMBATH ROAD, P.O.EDAKKAD, KUNDUPARAMBA, KOZHIKODE. 4. AMBUJAKSHI, D/O.KALOOR CHANDU, RESIDING AT MANIYEDATH HOUSE, NEAR HOTEL MAHARANI, PUTHIYARA, KOZHIKODE. ADV. SRI.K.A.SALIL NARAYANAN FOR R3 SRI.V.P.MOHANDAS FOR R4 GOVERNMENT PLEADER SMT. K.R. DEEPA FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: WPC NO. 35544/04. ---------------------------------------------------------------- EXT.P1 TRUE COPY OF PLAINT IN O.S.109/2003. EXT.P2 WRITTEN STATEMENT DT. 20-5-2003. EXT.P3 NOTICE DT. 20-8-2003. EXT.P4 TRUE COPY OF COUNTER STATEMENT. EXT.P5 AFFIDAVIT DT. 19-9-2003. EXT.P6 PROCEEDINGS DT. 22-3-2004. EXT.P7 TRUE COPY OF APPEAL MEMORANDUM EXT.P8 ORDER DT. 18-10-2004. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 35544 of 2004 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 16th October, 2008. J U D G M E N T The petitioner claims that the petitioner's father late Kaloor Chandu died in 1958. There was a dispute between the petitioner and the other legal heirs of late Kaloor Chandu including respondents 3 and 4 in respect of succession to the properties of late Kaloor Chandu. The succession would essentially depend on the date of death of Kaloor Chandu since the 3rd respondent claimed that the said Kaloor Chandu died in 1948 and in between the two dates the Hindu Succession Act came into force. The date of birth of Kaloor Chandu was not registered with the Registrar of Deaths. The 3rd respondent moved the 2nd respondent for delayed registration of death under the Registration of births and Deaths Act. By Ext. P6, the 2nd respondent allowed the prayer and permitted register the death of late Kaloor Chandu as 24-8-1948, condoning the delay in applying for such registration. Although the petitioner filed an appeal before the Collector, the same was rejected as not maintainable by Ext. P8 order. The petitioner is challenging Exts.P. 6 and P8 orders in this writ petition. 2. I have heard both sides. 3. It is not disputed before me that the civil court has finally decided the suit between the parties in which the question of date of death of late Kaloor Chandu was also decided, in which it is stated to have been accepted that he died in 1958. An appeal is stated to be pending against the judgment and decree of the trial court before the Appellate Court. As between a judgment of a civil court and an order of the Revenue Divisional Officer regarding the date of death of a person, without any doubt, the decree of the civil court should prevail. W.P.C. No. 35544/2004. -: 2 :- Therefore, I am of opinion that I need not go into the merits of the contentions of the parties in this writ petition except to declare that for all practical purposes where the date of death of late Kaloor Chandu is relevant, the date of death as declared by the civil court would prevail, notwithstanding Ext. P6 order. The writ petition is disposed of with the above declaration. Sd/- S. Siri Jagan, Judge. Tds/