AYISHA BEEBEE Vs. STATE OF KERALA

JUDGEMENT

(1.) The first petitioner is the wife of Thekkepeediyakkal Moideen Haji. Petitioners 2 to 4 are their children. Late Valiyapeediyakkal Mohammed Koya, father of the first petitioner was an Indian citizen who emigrated to Malaysia after the commencement of Constitution of India and acquired Malaysian citizenship. The first petitioner had also acquired Malaysian citizenship in the year 1969. The marriage between the first petitioner and her husband Thekkepeediyakkal Moideen Haji, an Indian citizen was solemnized in India. He passed away on 1.4.1991.

(2.) The first petitioner's husband late Thekkepeediyakkal Moideen Haji had acquired 71 cents of land situated in Re-survey Nos. 25672 and 25673 of Tirur Village, Tirur Taluk as per assignment deed registered as Document No. 1145 of 1970 of Sub Registrar's office, Tirur. He sold the said parcel of land to the petitioners herein as per Ext.P2 sale deed dated 14.9.1981. Thereupon, mutation was effected in the revenue records and the petitioners are paying tax. They are also in possession and enjoyment of the property.

(3.) The first petitioner had after her marriage to late Thekkepeediyakkal Moideen Haji, acquired Malaysian citizenship. Petitioners 2 to 4 who were born in that country are also Malaysian citizens. After her husband died, the first petitioner returned to India and after revoking her Malaysian citizenship she has applied for registration as an Indian citizen. That application is pending. Ext.P6 evidences the said fact.