IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 WP(C).No. 22399 of 2009(O) -------------------------- OP.8/2008 of MUNSIFF MAGISTRATE COURT, PARAVOOR .................... PETITIONER(S): ------------------------- 1. SARASWATHY,AGED 49 YEARS, W/O.LATE RAJENDRAN PILLAI,VELUVIDANTHA VEEDU, KOTTAPPURAM CHERRY,KOTTAPPURAM VILLAGE, SOUTH PARAVOOR.P.O,KOLLAM DISTRICT. 2. 'KAYALARIKAM KUDUMBAKSHETHRAM', THEKKUMBHAGOM, SOUTH PARAVOOR.P.O.,KOLLAM DISTRICT, REPRESENTED BY ITS SECRETARY,DILEEP KUMAR,AGED 40 YEARS, S/O.BHASKARAN PILLAI,SANTHOSH BHAVAN,KOTTAPPURAM CHERRY,KOTTAPPURAM VILLAGE, SOUTH PARAVOOR.P.O, KOLLAM DISTRICT. BY ADV. MR.V.VENUGOPALAN NAIR RESPONDENT(S): ---------------------------- 1. RAVEENDRAN PILLAI,KAYALIZHIKATHU VEEDU, THEKKUMBHAGOM CHERRY, KOTTAPPURAM KOLLAM,FROM PREETHY QUARTERS,PALAYAMKUNNU.PO,KOVOORDESAM, CHEMMARUTHY VILLAGE. 2. SATHIDEVI AMMA,D/O.PONNAMMA AMMA, THUNDIL VEEDU,PARAVOOR.P.O,KOLLAM DISTRICT. 3. SANTHAKUMARI AMMA,D/O.PONNAMMA AMMA, G.K.BHAVAN,CHATHANNOOR.P.O,CHATHANNOOR THAZHATHUCHERRY,MEENADU VILLAGE,KOLLAM DISTRICT. 4. THE PARAVOOR SERVICE CO-OPERATIVE BANK LTD.,SOUTH PARAVOOR.P.O,KOLLAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.22399 OF 2009 (O) ----------------------------------- Dated this the 6th day of August, 2009 J U D G M E N T The writ petition is filed seeking the following reliefs: i. to call for the records in respect of Ext.P1 orders form the Honourbale Munsiff- Magistrate Court, Paravoor and set aside the same thereby allowing those applications, and direct the trial court to dispose O.P. (Succession) No.8/2008 on merit after permitting the petitioners to place their objections and evidence in support of the same, in the interest of justice. ii. to grant such other reliefs as this Honourbale Court deems fit and proper considering the facts and circumstances of the case. 2. In a proceedings for issue of a succession certificate under Section 370 of the Indian Succession Act, the petitioners herein, two in number, sought for impleading them also as parties in that proceedings. The learned Munsiff Magistrate dismissed those applications vide separate orders. Propriety and correctness of those orders are sought to be WPC.22399/09 2 challenged by filing this writ petition invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 2. I heard the learned counsel for the petitioner. At the time of hearing, the learned counsel for the petitioners submitted that the application for succession certificate was sought for by persons who are not the legal heirs of the deceased person and the certificate was applied for to collect the amount in the fixed deposit standing in the name of the deceased. The 1st petitioner is stated to be wife of the deceased and the 2nd petitioner, the deity of the family. Disputing the marriage of the deceased with the 1st petitioner, according to the learned counsel, the brother and two sisters of the deceased applied for issue of the succession certificate. Perusing the impugned orders, I find the petitions for impleadment were not considered for the reason of non prosecution by the petitioners. More than one opportunity was provided to them, but, still no evidence was adduced is the reason stated in the impugned orders by the WPC.22399/09 3 learned Munsiff Magistrate. Whatever that be, in a proceedings under the Indian Succession Act, title of the person applied for to receive the debt due to the deceased is not determined but only an authority conferred by virtue of that certificate to collect the sum and succession certificate can also be issued only on execution of a security bond. Petitioners can establish their right in appropriate forum as provided by law and seek for assignment of the security bond in case any succession certificate is issued in favour of the petitioners in the pending proceedings. Subject to the above observations, the writ petition is closed. S.S.SATHEESACHANDRAN JUDGE prp