IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 WP(C).No. 9329 of 2011(M) ------------------------- PETITIONER(S): --------------- CELINE JOSEPH, W/O.LATE M.V.JOSEPH, C.C. 27/3268, MUNDEMPILLY HOUSE, CHAKKALACKAL ROAD, PERUMANOOR, KOCHI - 682 015. BY ADV. SRI.N.A.SHAJI RESPONDENT(S): --------------- 1. TAHSILDAR, KANAYANNUR TALUK, ERNAKULAM. 2. VILLAGE OFFICER, ERNAKULAM VILLAGE, ERNAKULAM. BY GOVT. PLEADER SRI. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No. 9329 of 2011 -------------------------- Dated this the 24th March, 2011 J U D G M E N T The petitioner has approached this Court with the following prayers: "i) issue a writ of mandamus or other appropriate writ or order directing the 1st respondent to include only the names of the legal heirs to late Joseph in accordance with the provisions of the Indian Succession Act, 1925 in the legal heirship certificate sought to be issued by the petitioner pursuant to Ext.P5. ii) to declare that the petitioner and her children alone are the legal heirs to late M.V. Joseph for all purposes and for the issuance of the legal heirship certificate pursuant to Ext.P5 application." 2. The learned counsel for the petitioner submits that the petitioner is constrained to approach this Court only because the apprehension that the name of the brother of the deceased has been shown in Ext.P2 'relationship certificate' issued by the 2nd respondent and that the petitioner has been given to understand that the same is likely to be incorporated as a 'legal heir' in the certificate sought to be issued in this regard. The learned W.P (C) No.9329 of 2011 2 counsel further submits that the brother of the deceased is not a 'legal heir' as contemplated under the relevant provisions of the Indian Succession Act. 3. The learned Government Pleader however, submits that the apprehension expressed by the petitioner is rather wrong and misconceived and that proper certificate will be issued by the competent authority by pursuing the prescribed procedure, in accordance with law. There is no reason for the apprehension and that only the actual legal heirs will be included in the certificate to be given to the petitioner. Submission as above is recorded and the writ petition is disposed of. Sd/- P.R.RAMACHANDRA MENON, JUDGE ma /True copy/ P.A to Judge