IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 WP(C).No. 15955 of 2011(T) ---------------------------------------- PETITIONER(S): ------------------------ MARINA MATHEW, KAROTTU HOUSE, CHAMBAKKARA P.O., KARUKACHAL BY ADV. SRI.V.K.SUNIL RESPONDENT(S): --------------------------- 1. THE KARUKACHAL GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KARUKACHAL P.O., KOTTAYAM- 686 540 2. K.M. EASO, KAROTTU HOUSE, MAMMOODU. PO, KOTTAYAM DIST-686 553 3. ANNAMMA EASO, W/O.K.M. EASO -DO- -DO- R1 BY ADV. SRI.M.P.MADHAVANKUTTY. R2 & R3 BY ADV. SMT.RESMI NANDANAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 15955 of 2011(T) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE TAX RECEIPT NO.2399988 DATED 18/05/2010 IN RESPECT OF THE PETITIONER'S PROPERTY. EXT.P2: COPY OF THE LEGAL HEIR CERTIFICATE NO.12518/08/C DATED 12/01/2009 ISSUED BY THE TAHSILDAR, CHANGANACHERRY. EXT.P3: COPY OF THE POWER OF ATTORNEY NO.25/IV/2009 OF KARUKACHAL S.R.O. EXECUTED BY THE PETITIONER'S TWO CHILDREN. EXT.P4: COPY OF THE APPLICATION FOR BUILDING PERMIT DATED 19/07/2010 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. EXT.P5: COPY OF THE PROCEEDINGS NO.C3/12243/2010/C.DIS. DATED 11/01/2011 THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM. EXT.P6: COPY OF THE LETTER NO.A3.3280/10 DATED 25/01/2011 ISSUED BY THE RESPONDENT. EXT.P7: COPY OF THE AFFIDAVIT DATED 12/04/2011 OF THE RESPONDENTS 2 AND 3. EXT.P8: COPY OF THE APPLICATION DATED 18/04/2011 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE rs HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 15955 OF 2011 ------------------------------- DATED THIS THE 21ST DAY OF JULY, 2011 JUDGMENT Petitioner applied for a building permit for the construction of senior citizen home to the lst respondent. Ext.P4 is the application for building permit. Petitioner and her husband were the owners of the property wherein they proposed to construct a building. Petitioner's husband died intestate on 31/8/2002. After his death, his share in the property devolved on the petitioner and his two children. The children executed Ext.P3 power of attorney in favour of the petitioner. 2. Learned counsel for the petitioner submits that though the petitioner submitted the application complaining with all the formalities required under the Rules, the lst respondent insisted that the application for building permit has to be signed by all the persons named in Ext.P2. Learned counsel for the petitioner pointed out that in matters of succession to the estate of the -2- W.P.(C).No.15955/2011 deceased husband of the petitioner, the persons entitled to inherit are the petitioner and her two children under Section 33 of the Indian Succession Act. The Tahsildar issued a legal heir certificate naming the parents also as the legal heirs. It is also pointed out that as per Section 33(a) of the Indian Succession Act, the only persons entitled to inherit the property in question are the petitioner and her two children, who are the legal heirs of the deceased. The counsel further pointed out that in fact there is no dispute between the petitioner and respondents 2 and 3 and they have not objected to the construction of the building in the property. Ext.P7 is the affidavit sworn to by respondents 2 and 3. In Ext.P7 it is stated that they are not claiming any right over the property left behind by their deceased son and that the legal heirs entitled to inherit the property are only the petitioner and her two children. In these circumstances, there is no justification for the lst respondent to issue Ext.P6 notice insisting for a joint application by respondents 2 and 3 as well. -3- W.P.(C).No.15955/2011 3. In the above circumstances, the lst respondent is directed to consider Ext.P4 application for building permit submitted by the petitioner and issue permit to her, if the application is in order. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv.