IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 WP(C).No. 20130 of 2011(M) --------------------------------------- PETITIONER: ------------------- BABY,W/O.LATE SHRI V.SREEDHARAN, AGED 59 YEARS, KELATHODY,CHUNANGAD POST, OTTAPALAM TALUK. BY ADVS. SMT.T.D.RAJALAKSHMI, SRI.R.SREEHARI. RESPONDENTS: ------------------------ 1. THASILDAR, OTTAPALAM, OFFICE OF THE TALUK OFFICE, OTTAPPALAM-679101. 2. THASILDAR, OFFICE OF THE TALUK OFFICE, THALAPPILLY TALUK, WADAKKANCHERY, THRISSUR DISTRICT – 679 522. 3. VILLAGE OFFICER, AMBALAPPARA II VILLAGE, AMABALAPPARA -679 512. 4. SOBHANA,D/O.DAMODARAN, KANJIRAPARAMBIL HOUSE, PANJAL, THRISSUR DISTRICT,PIN-679 531. R1 TO R3 BY GOVT. PLEADER SMT. RAJASREE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.20130/2011-M: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE MARRIAGE INVITATION CARD DT. 25/01/1971. EXT.P.2: COPY OF THE ORDER PASSED IN M.C. CASE NO. 26/1994 DT. 30/09/1994 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, OTTAPALAM. EXT.P.3: COPY OF THE O.P.NO.1263/2006 FILED BEFORE THE FAMILY COURT, PALAKKAD. EXT.P.4: COPY OF THE COUNTER FILED BY THE PETITIONER IN O.P. NO.1263/2006 OF FAMILY COURT, PALAKKAD. EXT.P.5: COPY OF THE JUDGMENT PASSED IN O.P.NO.1263/2006 DT. 17/12/2007 OF FAMILY COURT, PALAKKAD. EXT.P.6: COPY OF THE DEATH CERTIFICATE DT. 03/03/2010 ISSUED BY CORPORATION OF THRISSUR. EXT.P.7: COPY OF THE PETITION DT. 18/05/2010 FILED BEFORE THE R.1. EXT.P.8: COPY OF THE JUDGMENT IN W.P.(C).NO.36525/2010 DT. 08/12/2010. EXT.P.9: COPY OF THE ORDER NO. C-2-2010/18788/9/400 DT. 25/02/2011 PASSED BY THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 20130 OF 2011 ----------------------------------------------------- Dated this the 25th day of July, 2011 J U D G M E N T Petitioner says that she is the wife of late Shri Sreedharan, S/o Narayanan, Vellarottil, Kunnath Thazhath, Nedungottur. According to her, their marriage was solemnized on 7.2.1971. 2. Going by the averments in this petition, her husband had illicit relationship with the 4th respondent and they were living together. Subsequently on the death of the husband, petitioner made an application for legal heirship certificate. Pursuant to Ext.P8 judgment of this Court, that application was considered and was rejected by Ext.P9 order passed by the first respondent. It is challenging Ext.P9 order this writ petition is filed. 3. A reading of Ext.P9 shows that there are rival claims between the petitioner and the 4th respondent and W.P.(C) No. 20130 OF 2011 :2 : the 4th respondent claims to be the legally wedded wife of the deceased. It is further stated that 4th respondent is also in receipt of certain benefits such as family pension and other benefits on the death of the deceased. 4. In my view the dispute between the petitioner and the 4th respondent involves determination of civil rights of parties and therefore such a dispute can neither be the subject matter of adjudication before this Court nor before the first respondent. The proper remedy available to the petitioner is to institute a civil suit. With that liberty this writ petition is dismissed. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge