IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 WP(C).No. 6895 of 2008(U) ------------------------- I.A.No.6070/06 & I.A.No.1898/07 IN O.P.No.(SUC.) 36/2006 of II ADDL.SUB COURT,TRIVANDRUM .................... PETITIONER: ------------ 1. D.SULOCHANANA AMMA, CHETANA, NP 5/958 ATHANI PO, ERNAKULAM. 2. D.SAROJINI DEVI, USHUS TC 81/839.H.NO.3 A.E. NAGAR, THIRUMALA P.O., THIRUVANANTHAPURAM. 3. D.SUSEELA DEVI TRIVENI, T.C. 6/2235 VALIYANILA P.O., VATTIYOORKAVU, THIRUVANANTHAPURAM -13. 4. K.V.RAVEENDRANANTH DWARAKA, PERUMBILANIL NORTH NADA, GURUVAYOOR P.O., THRISSUR. BY ADV. SRI.K.T.SHYAMKUMAR RESPONDENTS: ------------- 1. VELAYUDHAN NAIR,S/O.LATE PADMANABHAN NAIR, SAISREETHI, VELLOLO LANE 2 PUTHOOR, PALAKKAD. 2. RADHADEVI, D/O.LATE PADMANABHAN NAIR, XXV 25, PUTHENCHANTHAI, THIRUVANANTHAPURAM. 3. SMITHA ASOKAN, AGED 52 D/O. LATE PADMANABHAN NAIR CRPF CAMP QUARTERS, PALLIPURAM,. THIRUVANANTHAPURAM. WP(C).No. 6895 of 2008(U) 2 4. G.SHEILA GOPAL, AGED 51, D/O. SARASWATHI AMMA C/O. W.M.RAJAN, KALPAGA VILLA,D.NO. 25/47 B, MAIN STREET , MATHANDOM, KANYAKUMARI DISTRICT. 5. G.SHAW, AGED 48 S/O. SARASWATHI AMMA C/O. W.M.RAJAN, KALPAGA VILLA,D.NO. 25/47 B, MAIN STREET , MATHANDOM, KANYAKUMARI DISTRICT. 6. BRIG V.NAIR, (RETD) S/O. LATE K, VELAYUDHAN NAIR SHIVA SHAILAM VPU-183 F GYANAPRAKASOM ROAD,KAITHAVILA, PERUKAVU P.O., THIRUVANANTHAPURAM. 7. G.RENUKA, HOUSE NO. 13/186 DESOM P.O., ALUVA. 8. VIJAYAKUMARAN NAIR, S/O. LATE K.VELAYUDHAN NAIR, RENANJALI, PLOT NO.S-41 PTP NAGAR, THIRUVANANTHAPURAM-38. 9. G.K.NAIR, REPRESENTED BY POWER OF ATTORNEY HOLDER, VIJAYAKUMARAN NAIR, S/O. LATE K.VELAYUDHAN NAIR RENANJALI , PLOT NO. S-41 PTP NAGAR, THIRUVANANTHAPURAM-38. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 6895 OF 2008 --------------------- Dated this the 28th day of February, 2008 JUDGMENT This writ petition is preferred against the order of the II Addl. Sub Judge, Thiruvananthapuram, in IA 6070/06 and IA 1898/07 in OP (Suc) 36/06. These applications are filed for impleading the petitioners therein as respondents and for amendment. The brief facts necessary for the disposal of the writ petition is stated as follows: 2. One K.V. Surendranath died as an unmarried adult male member belonging to a Nair family. The brothers and sisters of the said K.V. Surendranath moved an application for issuance of succession certificate as OP (Suc) 36/06. There was a paper publication with respect to the issuance of a succession certificate. Then the children of one Velayudhan Nair, brother of K.V. Surendranath, and children of the deceased sister of K.V. Surendranath, moved an application for getting themselves impleaded as a party to the proceeding. The court below without application of mind in a one-sentence order allowed the prayer. WPC NO 6895/08 2 3. It is against that decision, the present writ petition is filed. The relevant provision governing the factum of succession of a male Hindu dying in estate is Section 8 of the Hindu Succession Act. Class II in schedule shows that the 3rd and 4th category are the brother and sister of the deceased person, who dies is class IV heir. The children of the deceased brother or sister comes only in class IV and it is also a settled principle that class II heir will be entitled to exclude class IV heir. But the court below has not considered these matters at all. 4. Therefore the order passed by the court below requires interference. Since the other side has not appeared before me, I set aside the order passed by the court below and direct the court below to consider the applications afresh after hearing both sides in the light of the provisions mentioned above. The court shall give notice to the said applicants before finally disposing the impleadment application. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps WPC NO 6895/08 3 WPC NO 6895/08 4 WPC NO 6895/08 5