IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 WP(C).No. 21894 of 2010(J) --------------------------------------- PETITIONER(S): ------------------------- K.VENIKITARAMAN, S/O.LATE V.KRISHNAMURTHY, AGED 91 YEARS, FLAT NO.S-1, ANNAPOORNA APARTMENTS, EDAPPALLY P.O., KOCHI - 24, ERNAKULAM DISTRICT. BY ADV. SRI.M.V.THAMBAN RESPONDENT(S): ---------------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD (PO), ERNAKULAM DISTRICT. 2. THE TAHSILDAR, KANAYANNUR TALUK, ERNAKULAM DISTRICT. 3. THE VILLAGE OFFICER, EDAPALLY SOUTH VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER SRI. V. MANU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.21894/2010 J APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE DEATH CERTIFICATE DTD. 7/04/2007 IN RESPECT OF SAID SMT. SUBHALAKSHMY. P2: COPY OF THE STATEMENT OF ACCOUNT FOR THE PERIOD FROM 1/1/2007 TO 4/09/2007. P3: COPY OF THE COMMUNICATION NO.A5-15563/09 DTD. 17/11/2009 ISSUED BY THE 2ND RESPONDENT. P4: COPY OF THE AFFIDAVIT DTD. 02/02/2010. P5: COPY OF THE AFFIDAVIT DTD. 06/04/2010. P6: COPY OF THE AFFIDAVIT DTD. 29/03/2010. P7: COPY OF THE AFFIDAVIT DTD. 15/03/2010. P7: COPY OF THE ACKNOWLEDGEMENT CARD EVIDENCING RECEIPT OF THE SAID DOCUMENT COUNTER SIGNED THE 2ND RESPONDENT DTD. 8/04/2010. P8: COPY OF THE G.O.(MS) NO.300./96/R.D. DTD. 12/06/2010. RESPONDENT'S ANNEXURE: R1(A): COPY OF REPORT DTD. 9/10/09. /TRUE COPY/ P.A.TO JUDGE Kss S. SIRIJAGAN, J. --------------------------------------- W.P.(C) No.21894 of 2010 --------------------------------------- Dated this the 13th day of August, 2010 J U D G M E N T ........................... The petitioner is a 91 year old man. He had two sisters namely Smt. Saraswathy and Smt. Subhalakshmy. Both of them are no more. The 2nd sister Smt. Subhalakshmi had no issues. She was married in 1940 and she was deserted by her husband in 1942. He was not heard of after 1950. The petitioner claims to the only the legal heir of his 2nd sister late Smt.Subhalakshmi who died on 21.03.2007. She had an SB account with Union Bank of India with S/B A/C.No.338602010018037 having a balance of Rs.88,674/- as on 04.09.2007. In order to disburse the amount to the legal heir, the Manager of the Bank insisted on production of a legal heirship certificate. The petitioner applied for legal heirship certificate in September 2009. The 2nd respondent directed the petitioner to file affidavit in respect of the relatives of the W.P.(C) No.21894 of 2010 2 petitioner. Petitioner has submitted Exhibit P4 to P7. Petitioner's grievance in this writ petition is that despite the same, the application is not being processed in accordance with law. 2. A statement has been filed by the learned Government Pleader, wherein the only contention is that the petitioner has not intimated the 2nd respondent about other relatives of Smt.Subhalakshmi. 3. I have heard the rival contentions in detail. The petitioner has filed Exhibit P4 affidavit stating that the petitioner is the only legal heir of Smt.Subhalakshmi surviving now. He has also obtained Exhibit P6 and P7 affidavit from one Sri.V.Venkataraman and Smt.Ambika Sivaraman, who are the son and daughter of Smt.Saraswathy, relinquishing all their rights on the properties of Subhalakshmi, in favour of the petitioner. The procedure for issuing legal heirship certificate includes publication of a notice inviting objections from W.P.(C) No.21894 of 2010 3 interested persons. As such I do not think that any further procedure is necessary to be completed by the petitioner for processing the application for legal heriship certificate. Accordingly, this writ petition is disposed of with a direction to the 2nd respondent to complete the proceedings for issue of legal heirship certificate to the petitioner and issue the same as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. The writ petition is disposed of accordingly. S.SIRIJAGAN, JUDGE. rkc