IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 WP(C).No. 27615 of 2009(V) -------------------------------------- PETITIONER: ------------------- K.T.VARKEY, S/O.THOMAS, KAREELAKULAM VEEDU, EDAPPALAYAM, ARYANKAVU VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENTS: -------------------------- 1. THE TAHASILDAR, TALUK OFFICE, PATHANAPURAM, PUNALUR, KOLLAM DISTRICT. 2. THE VILLAGE OFFICER, ARYANKAVU VILLAGE PUNALUR, KOLLAM DISTRICT. 3. VASANTHA KUMARI, TRAVANCORE RUBBER & TEA COMPANY QUARTERS, ANACHADI ESTATE, KAZHUTHURUTHY VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. 4. MISS ANJU (MINOR), D/O.VASANTHAKUMARI, TRAVANCORE RUBBER & TEA COMPANY QUARTERS, ANACHADI ESTATE, KAZHUTHURUTHY VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. 5. MISS MANJU (MINOR), D/O.VASANTHAKUMARI, TRAVANCORE RUBBER & TEA COMPANY QUARTERS, ANACHADI ESTATE, KAZHUTHURUTHY VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. SRI. M.A. ASIF, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27615 of 2009(V) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: THE TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE NO. G. MIS. 8625/2000/K. DIS. DATED 3/2/2001. EXHIBIT P2: THE TRUE COPY OF THE MARRIAGE CERTIFICATE OF THE 3RD RESPONDENT DATED 3/04/2000 ISSUED FROM THE S.N.D.P SAGHA, FLORENCE. EXHIBIT P3: THE TRUE COPY OF THE PETITION IN O.P(HMA) NO.182/2001 FILED BY THE 3RD RESPONDENT BEFORE THE FAMILY COURT, KOLLAM. EXHIBIT P4: THE TRUE COPY OF THE JUDGMENT IN O.P.NO.1298/2002 DATED 16/6/2006 OF THIS HONOURABLE COURT EXHIBIT P5: THE TRUE COPY OF THE ORDER NO. M6-63233/2001 DATED 28/5/2008 ISSUED BY THE DISTRICT COLLECTOR, KOLLAM. TRUE COPY P.A. TO JUDGE cms S.SIRI JAGAN, J. ------------------------------------------ W.P(C) No.27615 OF 2009 ------------------------------------------ Dated this the 8th day of June, 2010 JUDGMENT The petitioner is a senior citizen and the father of late Toms Varkey who died on 10.3.2000. According to the petitioner, at the time of death, Toms Varkey was a bachelor. The petitioner and mother of Toms Varkey filed an application before the first respondent for legal heirship certificate. Pending consideration of the application the third respondent is said to have filed an application before the first respondent alleging that she is the legally wedded wife of Toms Varkey and respondents 4 and 5 are children born in their wedlock. Petitioner submits that going by Exts.P3 and P4, the third respondent is the legally wedded wife of one Sri.Devarajan at the time of death of Toms Varkey. Therefore, petitioner would contend that respondents 3 to 5 are not the legal heirs of deceased Toms Varkey. But the first respondent issued Ext.P1 legal heirship certificate to respondents 3 to 5. That certificate was challenged in O.P.No.1298/2002. By Ext.P4 judgment, this court quashed Ext.P1 certificate and directed the District Collector to consider the request filed by the petitioner with notice to respondents 3 to 5. The District Collector, Kollam passed Ext.P5 order directing the petitioner and the third respondent to file a fresh applications before the first respondent. Petitioner filed W.P(C) No.27615 OF 2009 2 application before the first respondent as early as in July, 2008. The petitioner's grievance is that that application is not being considered by the first respondent. 2. Notices have been issued to respondents 3 to 5. The same have been served. But they have not chosen to enter appearance to contest the matter. 3. Heard the learned Government Pleader also. 4. In the facts and circumstances of the case, the first respondent is directed to consider and pass orders in the application filed by the petitioner in July, 2008 for legal heirship certificate pending in file No:G2-EC 644/2008 before the first respondent, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE cms