IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 WP(C).No. 34028 of 2010(C) -------------------------------------- PETITIONER(S): ------------------------ S.NADARAJAN, ELLAVATHIYIL VEEDU, PULLPALLY, NOW RESIDING AT AKKARAPOOVAKKADU VEEDU, MALAYAMADAM, KILIMANNOOR P.O., THIRUVANANTHAPURAM. BY ADVS. SRI.B.S.SWATHY KUMAR SMT.P.A.ANITHA SMT.S.MEERA SMT.M.G.AISHWARYA RESPONDENT(S): -------------------------- 1. THE TAHSILDAR, SULTHAN BATHERY, WAYANAD DISTRICT-673 592. 2. APPU CHETTY, ELLAPATHI VEEDU, KALANADIKOLLI, PULIPALLY, WAYANAD-673 579. 3. GANESH, ELLAPATHI VEEDU, KALANADIKOLLI, LPULLPALLY, WAYANAD-673 579. R1 BY SPL.GOVT. PLEADER SRI.P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss ANTONY DOMINIC, J. ================ W.P.(C) NO. 34028 OF 2010 (C) ===================== Dated this the 11th day of November, 2010 J U D G M E N T Petitioner states that his wife Geetha was found dead in a well in the compound of the 3rd respondent. It is stated that from Ext.P1 notice issued by the 1st respondent, he came to know that an application was made by respondents 2 and 3 for issuance of a legal heirship certificate. On receipt of Ext.P1, petitioner states that he made Ext.P2 explanation. However, he apprehends that without considering his objection or hearing him, 1st respondent is likely to pass orders on the application made. It is with this apprehension, the writ petition is filed and the prayer sought is to direct the 1st respondent to hear him also before orders are passed. 2. In the nature of the conflicting claims, I feel, it is only appropriate that the 1st respondent should hear the petitioner also. 3. Therefore, the writ petition is disposed of directing that if the 1st respondent has received Ext.P2 explanation submitted by the petitioner, and if orders have not been passed so far, the WPC No. 34028/10 :2 : 1st respondent shall hear the petitioner and consider his objection also along with the objections raised by other parties. It is clarified that this Court has not expressed anything on the merits of the claim raised. Petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 1st respondent for compliance. ANTONY DOMINIC, JUDGE Rp