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2021 Supreme(Online)(KER) 18205

HIGH COURT OF KERALA
N MANJU – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
['G P SHINOD', '', 'GOVIND PADMANAABHAN', 'AJIT G ANJARLEKAR', 'ATUL MATHEWS', 'GOVERNMENT PLEADER']

JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of certiorari or any other appropriate writ, order or direction to call for the records leading to Ext.P10 and quash the same.

ii. Issue a writ of mandamus or any other appropriate writ, order or direction to the 2nd respondent to issue a legal heirship certificate to the petitioners without insisting upon a Marriage Certificate under the Kerala Registration of Marriages (Common) Rules, 2008 and further, to rely upon Ext.P1 marriage certificate issued under the customary law, within a time frame deemed fit by this Honourable Court.

iii. Grant such other and further reliefs which are just and reasonable under the nature and circumstances of the case.

2. As evident by Ext.P5, one Yuri R.S., died on

29.11.2019. According to the 1st petitioner, she is the wife of Yuri R.S. and the 2nd petitioner is their son. Petitioners are aggrieved by the failure on the part of the 2nd respondent to issue a legal heir certificate, despite furnishing a marriage certificate of the 1st petitioner with the deceased Yuri R.S., which is issued by Attukal Bhagavathy Temple. The respondents insist that a marriage certificate under the K

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