IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 WP(C).No. 34715 of 2009(H) -------------------------- PETITIONER(S) :- ----------------------- KUNJUMOL G., PADICKAL, PADINJATTINKARA, MATHARA P.O., KARAVALOOR, KOLLAM DISTRICT. BY ADV. SRI.B.KRISHNA MANI SMT.M.R.ANUPAMA RESPONDENT(S) :- ------------------------ 1. THE DISTRICT COLLECTOR, KOLLAM. 2. THE TAHSILDAR, TALUK OFFICE, PATHANAPURAM, PUNALUR. 3. THE VILLAGE OFFICER, KARAVALOOR, KOLLAM DISTRICT. 4. Y.THOMAS, PATTIYOTTU, CHARUVILA PUTHEN VEEDU, KARAVALOOR P.O., KARAVALOOR VILLAGE, PATHANAPURAM TALUK, KOLLAM. 5. ALEYKUTTY THOMAS, PATTIYOTTU, CHARUVILA PUTHEN VEEDU, KARAVALOOR P.O., KARAVALOOR VILLAGE, PATHANAPURAM TALUK, KOLLAM. GOVT. PLEADER MR.T.K.ARAVINDA KUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt WP(C).No.34715 OF 2009 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the death Certificate dated 4/4/09. Ext.P2 :- Copy of the report dated 13/4/09 submitted by the Village Officer. Ext.P3 :- Copy of the Legal Heirship Certificate dated 15/6/09 issued by the 2nd respondent. Ext.P4 :- Copy of the application dated nil filed by the petitioner before the Thahasildar. Ext.P5 :- Copy of the report dated 5/9/09 submitted by the Village Officer. Ext.P6 :- Copy of the proceeding dated 26/9/09 issued by the 2nd respondent. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge P.R.RAMACHANDRA MENON, J. ------------------------------------------- W.P.(C) No.34715 of 2009 ------------------------------------- Dated this the 8th day of August 2011 J U D G M E N T The issue involved in this writ petition is whether the parents of the deceased son will come within the purview of the 'legal heirs' under the relevant provisions of the Indian Succession Act, 1925, when the deceased is survived by the widow and children. 2. The husband of the petitioner by name P.T.Jose took his last breath on 24.3.2009 as borne by Ext.P1 Death Certificate. The petitioner and deceased are persons governed by the Indian Succession Act. On an application submitted before the 2nd respondent for issuing the legal heir ship certificate, the matter was enquired into through the concerned Village Officer (the 3rd respondent), who submitted Ext.P2 report referring to the parents of the deceased as well, besides showing the names of the W.P.(C) No.34715 of 2009 -: 2 :- petitioner and the two minor children. On the basis of the said report, Ext.P3 certificate was issued by the 2nd respondent on 15.6.2009 showing the names of the parents as well, as the legal heirs. 3. Met with the situation, the petitioner filed Ext.P4 representation before the 2nd respondent seeking for deleting the names of the parents of the deceased, as they do not belong to the class of 'legal heirs' by virtue of the legal position as aforesaid. The steps taken by the petitioner to have Ext.P3 certificate corrected by deleting the names of the parents of the deceased were thwarted by Ext.P6 reply forwarded by the 2nd respondent on 26.9.2009, stating that, if at all petitioner was aggrieved in any manner, it was for her to approach the competent civil court for redressal of the grievance, which made the petitioner to file the present writ petition. 4. Heard the learned Government Pleader as well. 5. The crucial question to be considered is whether W.P.(C) No.34715 of 2009 -: 3 :- the parents of the deceased will come within the purview of Sec.33 of the Indian Succession Act, 1925 so as to justify the entry in Ext.P3 certificate issued by the 2nd respondent, if there is any lineal descendants. The said provision reads as follows :- “33. Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred. - Where the intestate has left a widow - (a) if he has also left any lineal descendants, one- thirds of his property shall belong to his widow, and the remaining two-thirds shall go to his lineal descendants, according to the rules hereinafter contained; (b) [save as provided by section 33A], if he has left no lineal descendant, but has left persons who are of kindred to him, one-half of his property shall belong to his widow, and the other half shall go to those who are kindred to him, in the order and according to the rules hereinafter contained; (c) if he has left none who are of kindred to him, the whole of his property shall belong to his widow.” Admittedly, the 2nd respondent has shown the names of the respondents 4 and 5 as well, along with the petitioner and the two children, survived by the deceased, in Ext.P3 W.P.(C) No.34715 of 2009 -: 4 :- certificate. In view of the clear mandate under Sec.33, the 2nd respondent ought not to have included the parents of the deceased as the legal heirs of the deceased, in Ext.P3 and the mistake ought to have been corrected on pointing out the same by filing Ext.P4. Despite issuance of notice and service of the same, the respondents 4 and 5 have not chosen to appear before this Court, which obviously shows that they do not have any objection in granting the reliefs sought for by the petitioner. In the said circumstance, this Court finds that the petitioner has succeeded in establishing her contentions and therefore, Exts.P3 and P6 issued by the 2nd respondent are set aside. The second respondent is directed to issue a fresh certificate after deleting the names of the parents of the deceased from the list of legal heirs as given in Ext.P3. This shall be done as expeditiously as possible, at any rate within 'two weeks' from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of this judgment W.P.(C) No.34715 of 2009 -: 5 :- along with a copy of this writ petition before the 2nd respondent. Writ petition is allowed. No costs. P.R. RAMACHANDRA MENON, JUDGE. Jvt