IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WP(C).No. 3747 of 2010(P) ------------------------- PETITIONER : ------------------- SINDHU.T.O, W/O. LATE SIVAPRASAD, AGED 32, SHAJI BHAVAN, NEDUMANCAVU PO, KOLLAM-691 509. BY ADV. MR.G.BHAGAVAT SINGH RESPONDENTS : ---------------------- 1. THE TAHSILDAR, KOTTARAKKARA TALUK, KOTTARAKKARA. 2. THE VILLAGE OFFICER, KARIPRA VILLAGE, KOTTARAKKARA TALUK, 3. OMANA, HARI MANDIRAM, NEELESWARAM P.O., KOTTARAKKARA TALUK, 4. THE ASSISTANT EXECUTIVE ENGINEER, WATER SUPPLY DIVISION, KERALA WATER AUTHORITY, PUNALUR. GOVERNMENT PLEADER MR.M.A.AZEF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JVT W.P.(C) No.3747 of 2010 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of death certificate dated 06.12.08. Ext.P2 :- Copy of application dated 13.12.08 by petitioner before the 1st respondent. Ext.P3 :- Copy of the report dated 08.01.09 of the 2nd respondent. Ext.P4 :- Copy of report dated 29.12.08 by 2nd respondent. Ext.P5 :- Copy of petition filed by 3rd respondent. Ext.P6 :- Copy of application dated 17.12.08 filed by Petitioner before the 4th respondent. Ext.P7 :- Copy of letter dated 22.12.09 issued by 4th respondent. Ext.P8 :- Copy of letter dated 30.12.09 sent by the petitioner to the 4th respondent. Ext.P9 :- Copy of the legal opinion of the Addl.Govt.Pleader, Kottarakkara dated 04.06.09. Ext.P10 :- Copy of Gazette notification dated 08.12.09. Respondent's Exhibits :- NIL //True Copy// P.A. To Judge . . , T R RAMACHANDRAN NAIR J ------------------------- . .( .) . W P C No 3747 of 2010 --------------------------------- Dated this the 24th day of February 2010 J U D G M E N T The petitioner is the widow of late Sivaprasad who died on 24.11.08 while he was working as U.D.Clerk in Kerala Water Authority. The deceased left behind the petitioner, the minor son Sabari and his mother, 3rd respondent herein as the legal heirs. Ext.P1 is the death certificate issued by the Kareepra Grama Panchayath. For getting a legal heir certificate the petitioner approached the 1st respondent as per Ext.P2. It is averred in the writ petition that the said application was forwarded to the Village Officer, Kareepra for report, with necessary records and statements. Finally, the Village Officer obtained statements from the various parties and sent it to the 1st respondent, as per Exts.P3 & P4. 2. Aggrieved by the delay in the matter, this writ petition has been filed. It appears that the 3rd respondent is not co- operating with the enquiry made by the 1st respondent. Ext.P4 W.P.(C) No.3747 of 2010 -2- report of the Village Officer shows that she has refused to give any deposition before the Village Officer also. Ext.P5 is a representation submitted by the 3rd respondent before the District Collector, which according to the petitioner has been forwarded to the 4th respondent already. What is pointed out in Ext.P5 is that the 3rd respondent may not get any assistance from the petitioner once the benefits are availed off by her. Finally in Ext.P5 she has expressed her wish that any appointment to the dependent of the deceased may be given to the grandson, namely, Sabari, the son of the petitioner. 3. Ext.P9 is the legal opinion forwarded by the Additional District Government Pleader to the 1st respondent stating that the legal heir certificate can be issued by showing that, wife Sindhu, son Sabari and mother Omana are the legal heirs of the deceased Sivaprasad. Ext.P10 is the copy of the gazette notification showing the names of the petitioner, the minor son Sabari and mother Omana as the legal heirs of deceased Sivaprasad, issued by the Tahsildar inviting objections if any. 4. In spite of receipt of notice, the 3rd respondent has not entered appearance herein. Since enquiry etc. are stated to be W.P.(C) No.3747 of 2010 -3- over, the 1st respondent will take appropriate action to issue legal heir certificate showing the names of the legal heirs including the petitioner, 3rd respondent and the minor son Sabari to the petitioner. The same will be done within two weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE JVT