IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 WP(C).No. 37329 of 2007(R) --------------------------------------- PETITIONER: ----------------- DR.CYNTHIA PAPALI BASIL, WIDOW OF DR.JOSEPH CARDOZA BASIL, AGED 66 YEARS, NOW RESIDING AT TC 7/791, ROHINI, KOCHULLOOR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. BY ADV. SRI.V.SURESH RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 3. TALUK TAHSILDAR, TALUK OFFICE, THIRUVANANTHAPURAM. 4. LAND ACQUISITION OFFICER & DEPUTY COLLECTOR (LA), COLLECTORATE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SHRI BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = W.P(C) NO.37329 OF 2007 = = = = = = = = = = = = = = = = = = = Dated this the 9th day of January, 2008 J U D G M E N T -------------------- The grievance of the petitioner is that there is undue and unnecessary delay in releasing the award amount fixed in L.A.C. No.473 of 2006 to her. Property originally stood in the name of Dr.C.J.Basil, husband of the petitioner. He died on 29.10.2003. But since his name alone was shown in the revenue records, award was passed in favour of the deceased. Petitioner produced the Power of Attorney executed by her children who are residing abroad. She also produced a legal heirship certificate issued by the Tahsildar, Thiruvananthapuram. As per the certificate, Smt. Stella Cardoza, mother of late Dr.Basil, was also shown as a heir. Subsequently she also died. But the petitioner did not produce any legal heirship certificate regarding the heirs of deceased Stella Cardoza. Under Section 33 of the Indian Succession Act, mother of the deceased male is not his heir. So it is not necessary to produce any legal heirship certificate W.P(C) NO.37329 OF 2007 -: 2 :- showing the details of the heirs of deceased Stella Cardoza. The mere fact that her name was also written in the heirship certificate will not make her as a heir of the late Dr.Basil. Another objection raised is that though the petitioner had produced Power of Attorneys executed by her children, the Power of Attorneys executed by the daughters were adjudicated but the Power of Attorney executed by the son, who is staying abroad, is not adjudicated. Petitioner will have to get that Power of Attorney adjudicated by the competent authority and produce the same before the Land Acquisition Officer. In the result, the Writ Petition is disposed of in the following manner: There will be a direction to the petitioner to get the Power of Attorney executed by her son, who is residing abroad, adjudicated by the competent authority and produce the same before the Land Acquisition Officer. As and when that document is produced, the Land Acquisition Officer shall disburse the amount to the petitioner without insisting for heirship certificate of late Stella Cardoza. The amount shall be disbursed within two months from the date of W.P(C) NO.37329 OF 2007 -: 3 :- production of the Power of Attorney by the petitioner. If the payment is unnecessarily delayed, the Land Acquisition Officer will be liable for the interest from today. The petitioner may produce a copy of this judgment before the Land Acquisition Officer for compliance. K. PADMANABHAN NAIR, JUDGE. vsv K. PADMANABHAN NAIR, J. ===================== M.F.A. ===================== J U D G M E N T ------------------------------------------- TH JANUARY, 2008