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2010 Supreme(Online)(KER) 42553

HIGH COURT OF KERALA
ANTONY DOMINIC, J
K.T.VARKEY – Appellant
Versus
THE TAHASILDAR. – Respondent


Advocates:
SRI.B.MOHANLAL, SRI.SAIJU S., SRI.C.SINOY

J U D G M E N T

Petitioner is the father of late Sri.Toms Varkey.

2. It is stated that initially when an application was made by the petitioner for a legal heirship certificate, 1st respondent issued Ext.P1 certificate, showing the names of second respondent and her two children also as the legal heirs of the deceased. It is stated that petitioner challenged Ext.P1 before this Court by filing O.P.1298/2002. That original petition was disposed of by Ext.P4 judgment directing consideration of a representation made by the petitioner objecting to Ext.P1. Judgment also shows that in order to enable such reconsideration, Ext.P1 was quashed.

3. Petitioner submits that thereafter the matter was reconsidered and Ext.P5 order was passed leaving it open to the parties to make a fresh application to the first respondent for obtaining legal heirship certificate.

4. Accordingly, applications were made and finally Ext.P6 order has now been passed by the first respondent stating that the two minor children of the deceased alone are the legal heirs. It is challenging Ext.P6, the writ petition has been filed with the following prayers:

"i) To call for the records leading to the petitioner's Application

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