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Sreelekha Abhilash, W/O Abhilash P S – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
The petitioner is the daughter-in-law of late K.R.Sivarajan, who was the Authorised Retail Distributor of Fair Price Shop No.23 in Mezhuvelli, Pathanamthitta District. While the petitioner was working as saleswoman in the shop, her father-in-law, who had become aged and sickly, nominated her for appointment as licencee of the Fair Price Shop. The requisite application, was also submitted, in terms of Paragraph 37(1) of the Kerala Targeted Public Distribution System (Control) Order, 2021 ('the KTPDS Order' for short). However, the 3rd respondent rejected the nomination on the ground that the petitioner is not the legal heir of the licencee. The appeal filed against that order was dismissed by the District Collector and a revision filed before the Government met with the same fate. Hence, this writ petition.
2. Heard, Adv.Jacob P Alex and Senior Government Pleader Adv.Sunil Kuriakose.
3. Learned counsel for the petitioner submitted that the authorities grossly erred in giving a restricted meaning to the term 'legal heir'. It is contended that the term 'legal heir' is not defined in the KTPDS Order and nomination for transfer of licence is not similar to the succession of prop
A daughter-in-law is not considered a legal heir for the purpose of nomination under the Kerala Targeted Public Distribution System Order, as defined by personal law.
Court dismisses Writ Appeal, affirming the necessity of legal heirship certificates in ration depot license applications.
The definition of 'family' for compassionate appointment under the Government Order does not include grandsons, and the government's policy in this regard is reasonable and lawful.
A grandson, though not specifically included in the definition of "family member" under Clause 2(m) of the WBPDS Control Order, 2013, can be considered as a "family member" for the purpose of compass....
A Tahsildar can issue legal heirship certificates to Class - II heirs without requiring them to go to Civil Court if there are no rival claims.
Legal heirship certificates cannot be issued for claims exceeding ₹5,000 when disputes among heirs exist; certification must align with applicable laws and guidelines.
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