2025 Supreme(Online)(Ker) 42464
IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
JOHNNY KUTTY DANIEL – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 24647 OF 2025
For the Appellants/Petitioners: SRI.ALEX K.JOHN, SRI.CYRIAC ELIAS STEEN, SRI.SREEKUTTAN M., SRI.SATHEESH T.P., SRI.SURESH P.N., SRI.ARUN K.V., SMT. JILCY JACOB, SRI.NINAN THOMAS, SRI.GEGO GEORGE, SMT.PRATHITHA MARIYAM THOMAS, SRI.SIJIN STANLEY
For the Respondents: SMT. K. AMMINIKUTTY
Petitioner must be heard in Legal Heir Certificate issuance to ensure fairness.
Headnote:This writ petition seeks a direction for the issuance of a Legal Heir Certificate regarding the deceased Thankachan Daniel Thomas. The petitioner contends that there may be undue influence preventing fair consideration of the application submitted. The Court determines that the petitioner should also be heard before the issuance of the certificate, ensuring a fair process. The petitioner is directed to be heard before finalizing the issuance of the Legal Heir Certificate.
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| 1. (Para 1 , 2 , 3 , 4) |
JUDGMENT Dated this the 28th day of July, 2025 The writ petition has been filed by the petitioner seeking direction to respondents 2 and 3 for considering the application submitted by the petitioner in issuing the Legal Heir Certificate or Family Membership Certificate in accordance with law as related to the deceased Thankachan Daniel Thomas, who died without any children.
2. The petitioner submits that the said deceased Thankachan Daniel Thomas was conducting business at Dubai with the help of his siblings, financially and physically in all manner. There is an apprehension of manipulation related to the non-inclusion of siblings in the Legal Heir Certificate that may be happened due the political and other undue influence on the part of 4th respondent, who is the wife of the said deceased Thankachan Daniel Thomas. It will affect the livelihood of the siblings, who invested money in the business of the said deceased Thankachan Daniel Thomas. Under these circumstances, interference of this Court is necessary for consideration of the application submitted by the petitioner while they are issuing Legal Heir Certificate or Family Membership Certificate. Hence, the petitioner is before this Court.
3. I have heard the learned counsel for the petitioner and the learned Senior Government Pleader representing respondents 1 to 3.
4. It is evident that application for Legal Heir Certificate submitted by one of the siblings of the deceased Thankachan is pending consideration before the 2nd respondent. In view of the grievance raised by the petitioner, it would be only appropriate that the petitioner may also be heard in the matter before issuing any Legal Heir Certificate.
The writ petition is accordingly disposed of directing the 2nd respondent to hear the petitioner and the 4th respondent while finalising the issue of Legal Heir Certificate relating to the deceased Thankachan Daniel Thomas.