IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 WP(C).No. 2824 of 2009(J) ------------------------- PETITIONER(S): -------------------- SAVITHA.A, D/O.P.RAGHAVAN AND W/O. T.NARAYANAN, KOYONKARA, NORTH TRIKARPUR VILLAGE, HOSDRUG TALUK KASARAGOD DISTRICT. BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR RESPONDENT(S): ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. THE TAHSILDAR, HOSDRUG, KASARAGOD DISTRICT. 3. SHEEBA.K., D/O. DAMODHARAN MADAYI KADAMKODE, CHERUVATHUR VILLAGE, HOSDRUG TALUK, KASARAGOD DISTRICT. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 2824 OF 2009 (J) ==================== Dated this the 28th day of January, 2009 J U D G M E N T Petitioner states that one Sri.T.Narayanan had married the 3rd respondent. But, however the marriage was dissolved by Ext.P3. 2. Subsequent to the dissolution of the marriage, Sri.Narayanan married the petitioner and Ext.P1 is the marriage certificate. It is also her case that in the wedlock, a daughter was born and Ext.P2 is the birth certificate. On the death of Sri.Narayanan, the death certificate of which is Ext.P4, petitioner submitted Ext.P5 application to the 2nd respondent for legal heirship certificate. Petitioner states that subsequently she submitted Exts.P6 and P7 affidavits of the 3rd respondent, the previous wife stating that she has no objection in the issuance of the certificate as sought for. It is stated that despite all this, orders on Ext.P5 have not been passed by the 2nd respondent and it is complaining of the delay in this matter, the writ petition is filed. 3. If as stated, Ext.P5 application has been received by the 2nd respondent, he ought to have passed orders thereon. 4. In view of the statement that the deceased had married the 3rd respondent, before any order is passed on Ext.P5, necessarily, notice WPC 2824/09 :2 : has to be issued to the 3rd respondent and her contentions also shall be considered. 5. Therefore, the writ petition is disposed of directing the 2nd respondent to consider Ext.P5, with notice to the petitioner and the 3rd respondent and pass orders thereon, as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment. Petitioner may produce a copy of this judgment along with a copy of this writ petition before the 2nd respondent for compliance. ANTONY DOMINIC, JUDGE Rp