PREMALATHA SUBHASH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner's mother-in-law Lakshmi Anandan expired on 19/2/2007 at Karnataka. Petitioner's husband expired on 27/7/2013. According to the petitioner, herself, her son and sister-in-law are now permanently residing in the State of Maharashtra and being so, they are not in a position to look after the property of deceased Lakshmi Anandan described in Ext.P1 partition deed situated in Thalassery Taluk and propose to dispose of the property by way of sale. Therefore, the petitioner approached the 3 respondent, the Tahsildar, Thalassery, with an application dtd. 5/10/2016 for obtaining legal heirship certificate of deceased Lakshmi Anandan. However, the 3 respondent rejected her request as per Ext.P5 order stating that, neither the deceased nor the petitioner, her son or her sister-in-law whose names mentioned in the application are permanently residing within the territory of Thalassery Taluk and therefore, the legal heirs of deceased Lakshmi Anandan cannot be determined from that office. It is also stated therein that the petitioner could approach the Civil Court for obtaining Succession Certificate. Ext.P5 order is impugned in this writ petition. The petitioner has also prayed for direction to the 3 respondent to issue legal heirship certificate as per her application dtd. 5/10/2016.

(2.) According to the petitioner, no proper enquiry was conducted by the 3 respondent before rejecting the application for legal heirship certificate and Ext.P1 partition deed would show that the deceased Lakshmi Anandan was permanently residing in Thalassery Taluk.

(3.) A counter affidavit is filed by the 3 respondent stating that the application for the legal heirship certificate has been rejected after conducting proper enquiry through the Village Officer, Panniyannur and the enquiry revealed that, neither the deceased nor her heirs were permanent residents of Thalassery Taluk. It is further stated that the legal heirship certificate is issued for the purpose of financial transactions limited upto Rs.1.00 lakh only and the purpose shown in the application is for property transaction which crosses the said limit.