IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 WP(C).No. 29472 of 2009(D) -------------------------- PETITIONER(S): --------------- K.M.HASSAINAR, S/O.MAMMUNHI, JAMALIYA QUARTERS, BADIADKA ROAD, P.O.KUMBLA, KASARAGOD DISTRICT. BY ADV. SRI.K.V.SOHAN SMT.N.MAHALAKSHMI RESPONDENT(S): --------------- 1. THE TAHSILDAR, TALUK OFFICE, KASARAGOD. 2. THE VILLAGE OFFICER, KOIPADY, KASARAGOD. BY GOVT PLEADER SRI.K.B.RAMANAND THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.29472/09 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DT.17.10.2008. EXT.P2: TRUE COPY OF THE DEATH CERTIFICATE ISSUED ON 6.12.2007 BY THE REGISTRAR OF BIRTH AND DEATHS, CORPORATION OF CITY OF MANGALORE, KARNATAKA. EXT.P3: TRUE COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT, DT.17.10.2008. EXT.P4: TRUE COPY OF THE PROFORMA REPORT SUBMITTED BY THE 2ND REPSONDENT, DT.6.3.2009. EXT.P5: TRUE COPY OF THE LETTER REF.NO.N.DIS.C2.5269/09, ISSUED BY THE FIRST RESPONDENT, DT.29.5.2009. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN,J. ------------------------------------------- W.P(C).No.29472 OF 2009 ------------------------------------------- Dated this the 24th day of May, 2010 JUDGMENT 1.The petitioner claims to be one of the heirs of late Mahin who allegedly died as an issueless bachelor. The petitioner says that the revenue authorities are not issuing heirship certificate on the ground that the property held by Mahin worth more than Rupees One Lakh and therefore, village manual does not enable the issuance of heirship certificate. It is also pointed out by the respondents that heirship certificate cannot be issued except for collecting certain funds as stated in the counter affidavit. 2.In so far as the payment of money due to the estate of late Mahin on account of Tsunami rehabilitation is concerned, it is stated that the funds have already been released. Obviously, it may not be open for this Court to issue any direction as of now. WPC.29472/09 2 In the aforesaid circumstances, the petitioner's request for heirship certificate will be treated as not answered by the competent authority, thereby leaving open the right to obtain appropriate orders through the competent court. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.26/05.