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2020 Supreme(Online)(KER) 34355
HIGH COURT OF KERALA
N. NAGARESH, J
SAJITHA.R.N – Appellant
Versus
STATE OF KERALA – Respondent
WP(C)/7832/2020
SRI.V.JOHN MANI, SRI.S.JAYANT, SRI.VARGHESE SABU, SMT.MANJU ELSA ISAC
Administrative bodies have a duty to process applications for legal documents timely to uphold procedural justice.
Headnote:
Legal Heirship - Petition for Issuance of Legal Heirship Certificate - Act Section List - Court mandated timely processing of application for legal heirship based on procedural fairness.
Fact of the Case:
The petitioner sought a legal heirship certificate for her deceased father to pursue a partition suit but faced delays in issuance despite application submission.
Finding of the Court:
The court found the lack of certificate issuance unjustified and directed the relevant authorities to process the application within one month.
Issues: Whether the petitioner is entitled to a timely processing of her application for a legal heirship certificate.
Ratio Decidendi: The court established that administrative bodies must act expeditiously upon valid applications and prevent undue delay in the issuance of legal heirship certificates.
Final Decision: The court ordered the Tahsildar to process the legal heirship certificate application within one month.
J U D G M E N T
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Dated this the 28th day of July, 2020 The petitioner is aggrieved by the refusal on the part of the respondents to issue to the petitioner a legal heirship certificate with respect to her father late Sri.Nanu T.
2. The petitioner submits that she is proposing to file a Partition Suit for realising her rights in family property. A legal heirship certificate is required for the same. The petitioner has applied for legal heirship certificate as per Ext.P3 on 13.02.2020. However, no certificate is issued till date.
3. Learned Government Pleader, on instructions, submits that Ext.P3 has been addressed to the 3rd respondent-Village Officer. The 3rd respondent, after necessary enquiry, has forwarded the application to the additional 8th respondent-Tahsildar. The additional 8th respondent will be taking necessary action on Ext.P3 soon.
In the circumstances, the writ petition is disposed of directing the additional 8th respondent-Tahsildar to consider the application of the petitioner for legal heirship certificate, expeditiously and pass orders thereon, within a period of one month.
Sd/-
N. NAGARESH, JUDGE aks/28/07/2020 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF DEATH CERTIFICATE OF LATE NANU T DATED 10/10/2019 ISSUED BY REGISTRAR OF BIRTHS AND DEATHS, CALICUT CORPORATION.
EXHIBIT P2 A TRUE COPY OF INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WP(C)NO.18938 OF 2019 DATED
12.07.2019.
EXHIBIT P3 A TRUE COPY OF APPLICATION SUBMITTED BY PETITIONER BEFORE 3RD RESPONDENT DATED 13.02.2020.
EXHIBIT P4 A TRUE COPY OF AADHAR CARD OF PETITIONER.
EXHIBIT P5 A TRUE COPY OF SSLC CERTIFICATE OF PETITIONER.
EXHIBIT P6 A TRUE COPY OF PAN CARD OF PETITIONER.
EXHIBIT P7 A TRUE COPY OF THE COMMUNITY CERTIFICATE DATED 29/06/2005 ISSUED BY THE VILLAGE OFFICER, PORUNNANORE, THARUVANA.
EXHIBIT P8 A TRUE COPY OF LEGAL NOTICE DATED
30/10/2017 ISSUED BY PETITIONER TO
5TH RESPONDENT.
