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2021 Supreme(Ker) 739

MURALI PURUSHOTHAMAN
Premalatha Subhash – Appellant
Versus
State Of Kerala Represented By Secretary To Government, Department Of Revenue – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. Satheeshan Alakkadan, Adv.
For the Respondent: Sri. K.M. Faisal, Government Pleader

JUDGMENT :

The petitioner's mother-in-law Lakshmi Anandan expired on 19.02.2007 at Karnataka. Petitioner's husband expired on 27.07.2013. According to the petitioner, herself, her son and sister-in-law are now permanently residing in the State of Maharashtra and being so, they are not in a position to look after the property of deceased Lakshmi Anandan described in Ext.P1 partition deed situated in Thalassery Taluk and propose to dispose of the property by way of sale. Therefore, the petitioner approached the 3rd respondent, the Tahsildar, Thalassery, with an application dated 05.10.2016 for obtaining legal heirship certificate of deceased Lakshmi Anandan. However, the 3rd respondent rejected her request as per Ext.P5 order stating that, neither the deceased nor the petitioner, her son or her sister-in-law whose names mentioned in the application are permanently residing within the territory of Thalassery Taluk and therefore, the legal heirs of deceased Lakshmi Anandan cannot be determined from that office. It is also stated therein that the petitioner could approach the Civil Court for obtaining Succession Certificate. Ext.P5 order is impugned in this writ petition. The petitioner

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