Beena Beegam v. District Collector, Ernakulam and Tahsildar Kochi Taluk

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` WEDNESDAY, THE 9[TH] DAY OF AUGUST 2023 / 18TH SRAVANA, 1945 ``` ## **`WP(C) NO. 16970 OF 2023`** ## **`PETITIONER:`** ``` BEENA BEEGAM AGED 61 YEARS W/O LATE SRI.ANWAR SADATH SULAIMAN @ SAJAD ALI, BABY VILLA, BUNGLAWIL PURAYIDOM, PATHANAPURAM, KOLLAM DISTRICT, PIN - 689695 ``` ``` BY ADVS. MANOJ RAMASWAMY JOLIMA GEORGE C.B.SABEELA APARNA G. CHINNU ROSE MARY THOMAS MUHAMMED HAROON THAMEEM ``` ## **`RESPONDENTS:`** ``` 1THE DISTRICT COLLECTOR DISTRICT COLLECTORATE, FIRST FLOOR, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030 ``` - `2 THE TAHASILDAR KOCHI TALUK, GROUND FLOOR, KB JACOB ROAD, FORT KOCHI, ERNAKULAM DISTRICT, PIN - 682001` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO.16970 OF 2023 ``` 2 ## **P.V.KUNHIKRISHNAN, J.** **-----------------------------W.P.(C) No.16970 of 2023** **---------------------------------------------Dated this the 09[th] day of August, 2023** ## **JUDGMENT** The above writ petition is filed with the following prayers: “ i. A writ of mandamus or other appropriate writ, order or direction directing the 1st respondent to take necessary action for the disbursement of the insurance amount to the petitioner and the legal heirs. ii. A writ of mandamus or other appropriate writ, order or direction directing the 1st respondent to consider & pass orders on Exhibit P3 and Exhibit P5 within a time frame as fixed by this Hon’ble Court. iii. Dispense with the filing of translation of the vernacular documents. iv. Any other further relief or order as this Hon’ble Court may deem fit and proper to meets the ends of justice. v. Award the cost of these proceedings. ”[SIC] 3 ``` WP(C) NO.16970 OF 2023 ``` 2. The petitioner is aggrieved by the nondisbursement of the insurance amount on account of the death of her husband, by the 1[st] respondent. It is the case of the petitioner that an amount of Rs.15,15,152/-, which is equivalent to 90,000/- Soudi Riyals had been approved upon the death of the husband of the petitioner from the company he was working. It is further submitted that the Embassy of India, Riyadh had issued Ext.P3 letter dated 11.06.2015 to the 1[st] respondent along with a cheque for an amount of Rs.15,15,152/pertaining to the amount of insurance claim to be disbursed to all the legal heirs after due inquiry/verification and the receipt duly signed by the legal heirs was to be sent to the Embassy. Since there is delay in disbursing the amount, this writ petition is filed. 3. Heard the learned counsel appearing for the petitioner and the learned Government Pleader. ``` WP(C) NO.16970 OF 2023 ``` 4 4. The learned Government Pleader takes me through a counter affidavit filed by the 2[nd] respondent. It will be better to extract paragraph No.7 and 8 of the above said counter: “7. It is respectfully submitted that Sri.P.K Muhammed Ali, father of the deceased and Aisha Muhammed Ali, mother of the deceased have been included in the Legal heirship certificate issued from this office No. H2 11407/2015/Kdis dated 11.05.2017. A mistake has been crept into the certificate submitted as Exhibit P4, which was corrected later. In the Gazette notification for the legal heir ship certificate which was published on the page No. 2868 of Vol. VI of 13th Kerala Gazette dated 28/3/2017, there were 6 legal heirs, which include the following persons. ## 1 P.K MUHAMMED ALI - FATHER 2. AISHA MUHAMMED ALI - MOTHER 3. BEENA BEEGAM - WIFE 4. MUHAMMED SUNAID - SON (Born from the second wife Beena Beegam). 5. SONIA BEEGAM - DAUGHTER (Born from the second wife Beena Beegam) 6. ABID ALI - SON (Born from the First wife Jasmine) ``` WP(C) NO.16970 OF 2023 ``` 5 But when the certificate was prepared, which is submitted as Exhibit P4, ABID ALI, son in the first wife Jasmine, was missing. That was a clerical mistake and a corrected certificate, including ABID ALI, was approved on the same day. 8. It is respectfully submitted that the Legal Heirship Certificate issued by the Tahsildar is limited up to the transactions of 5 lakhs only, above which succession certificate from the District Court is necessary. The father of the deceased raised some objections regarding the disbursement of the amount to the petitioner and claimed that she was not legally wedded to his son. As there were lots of contradictions and discrepancies in the details of the deceased in the Passport and the other records produced and dispute between the two legal heirs, legal opinion had been sought from the District Government Pleader. The District Government Pleader, in the letter dated 03.12.2018, opined that, as the outstanding legal dues comes to Rs 16,52,138/-, which is outside the purview of legal heirship certificate issued by the Tahsildar, the parties may be directed to obtain a Succession Certificate from the District Court concerned.” ``` WP(C) NO.16970 OF 2023 ``` 6 5. The counsel appearing for the petitioner submitted that the petitioner has not received any intimation for producing the succession certificate from the Civil Court. If that be the case, there can be a direction to the respondents to issue appropriate notice to the petitioner and the other legal heirs regarding the requirement of succession certificate and the petitioners and other legal heirs are free to produce the same and based on the same the amount can be directed to be disbursed. Therefore, this writ petition is disposed of with the following directions: i. The respondents are directed to issue appropriate notice to the petitioner and other legal heirs to produce the succession certificate from the Civil Court. ``` WP(C) NO.16970 OF 2023 ``` 7 ii. Once the succession certificate from the Civil court is received, the respondents will disburse the amount due to the eligible persons based on the succession certificate, as expeditiously as possible. Sd/- nvj **P.V.KUNHIKRISHNAN JUDGE** ``` WP(C) NO.16970 OF 2023 ``` 8 ## **`APPENDIX OF WP(C) 16970/2023`** ``` PETITIONER EXHIBITS ``` - `EXHIBIT P1` - `TRUE COPY OF THE TRANSLATED MARRIAGE CONTRACT ISSUED BY THE MAJARK COURT JUDGE` - `EXHIBIT P2 TRUE COPY OF THE DEATH CERTIFICATE DATED 10.11.2014 ISSUED BY THE COCHIN CORPORATION` - `EXHIBIT P3 TRUE COPY OF THE COMMUNICATION VIDE NO.RIY/CW/235/4/2015(115) DATED 11.06.2015 ISSUED BY THE EMBASSY OF INDIA, RIYADH TO THE 1ST RESPONDENT ALONG WITH THE COPY OF THE CHEQUE` - `EXHIBIT P4 TRUE COPY OF THE COMMUNICATION VIDE NO. H2-11407/15 DATED 11.05.2017 ALONG WITH THE LEGAL HEIRSHIP CERTIFICATE ISSUED BY THE 2ND RESPONDENT` - `EXHIBIT P5 TRUE COPY OF THE EMAIL COMMUNICATION DATED 27.04.2023 SENT FROM THE EMBASSY OF INDIA, RIYADH TO THE 1ST RESPONDENT` - `RESPONDENT EXHIBITS` - `EXHIBIT R2(A)` - `TRUE COPY OF THE LETTER DATED 26-032019 ISSUED TO SRI. P K MUHAMMED ALI` //TRUE COPY// PA TO JUDGE