An applicant denied a legal heirship certificate by administrative authorities due to estate value thresholds may withdraw the writ petition to seek a declaration of heirship from a competent civil court.

JUDGMENT

Petitioner seeks for the issuance of a Legal Heirship Certificate and to quash Exhibit-P12, which rejected petitioner’s request for issuance of such a certificate.

2. The learned Government Pleader, upon instructions, relied upon Clause 261 of the Kerala Village Manual and submitted that a Legal Heirship Certificate can be issued only if the estate of the deceased, which may accrue to the applicant, will be less than five thousand rupees.

3. Though various contentions are urged in this writ petition regardless of the merits or otherwise of the submission raised by the learned Government Pleader, the learned counsel for the petitioner sought permission to withdraw this writ petition without prejudice to the contentions raised, to approach the Civil Court for declaration of petitioner’s right as a legal heir of deceased Ms. Jolly Sidney.

In view of the above submission, this writ petition is dismissed as withdrawn, reserving the liberty of the petitioner to approach the appropriate Civil Court in accordance with law, seeking declaration of her right as a legal heir of Ms. Jolly Sidney.