Sainaba M.J v. Revenue Divisional Officer, Palakkad

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 6TH DAY OF MARCH 2015/15TH PHALGUNA, 1936 WP(C).No. 5213 of 2015 (B) --------------------------- PETITIONER(S):

-------------- SAINABA M.K., D/O. KUNJUMUHAMMAD RAWTHER, MAHALIVEEDU, MUTTIKULANGARA, PALAKKAD.

BY ADV. SRI.DEEPU THANKAN.

RESPONDENT(S):

-------------

1. REVENUE DIVISIONAL OFFICER, PALAKKAD- 678 001.

2. VILLAGE OFFICER, PUTHUPARIYARAM VILLAGE, PALAKKAD- 678 003.

BY SENIOR GOVERNMENT PLEADER SRI.JOSEPH GEROGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rvs.

WP(C).No. 5213 of 2015 (B) APPENDIX PETITIONER(S)' EXHIBITS :

------------------------ EXHIBIT P-1:

A TRUE COPY OF ADHAR CARD OF THE PETITIONER.

EXHIBIT P-1(A): A TRUE COPY OF ELECTION ID OF THE PETITIONER. EXHIBIT P-2:

A TRUE COPY OF THE 1ST PAGE OF THE SSLC BOOK OF YOUSUF.

EXHIBIT P-3:

A TRUE COPY OF THE 1ST PAGE OF THE SSLC BOOK OF UMMER.

EXHIBIT P-4:

A TRUE COPY OF THE ELECTION IDENTITY CARD OF SUBAIDA.

EXHIBIT P-5:

A TRUE COPY OF THE ELECTION IDENTITY CARD OF BULKIS. EXHIBIT P-6:

A TRUE COPY OF THE ELECTION IDENTITY CARD OF NURJAHAN.

EXHIBIT P-7:

A TRUE COPY OF THE ELECTION ID CARD OF HAJIRA BEEVI. EXHIBIT P-8:

A TRUE COPY OF THE COVERING LETTER ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT DATED 22/12/2014. RESPONDENT(S)' EXHIBITS :

------------------------ NIL.

/TRUE COPY/ P.A.TO JUDGE RVS.

P.R. RAMACHANDRA MENON, J.

-------------------------------------------- W.P(C). No. 5213 of 2015 ------------------------------------------- Dated this the 6th day of March, 2015

J U D G M E N T

The petitioner has approached this Court with the following prayers:

"(i) issue a writ of mandamus or any other appropriate writ or direction directing the 1st respondent to consider the application submitted for and on behalf of the petitioner to issue a birth certificate stating her date of birth as 26/12/1968 on the basis of the enquiry report submitted by the 2nd respondent; (ii) issue a writ of mandamus or any other appropriate writ or direction directing the 1st respondent to not to reject the application submitted for issuance of birth certificate submitted for and on behalf of the petitioner merely on the basis of based upon the service records of the petitioner;

(iii) pass such other orders as this Hon'ble Court deems, fit proper and necessary in the circumstances of the case."

2.

The learned counsel for the petitioner submits that, the main grievance of the petitioner is with regard to the issuance of a 'Birth Certificate' to the petitioner and the same is pending consideration before the 1st respondent. Ext.P8 is the letter issued by the 2nd respondent on 22.12.2014. Delay in finalisation of the matter, made the petitioner to approach this Court by this writ petition.

W.P(C). No. 5213 of 2015 3.

Heard the learned Government Pleader as well, who submits that, steps are being taken to finalise the matter and that appropriate orders will be passed after conducting an enquiry and the same will be finalised, at the earliest, at any rate, within 'two months'.

4.

The above submission is recorded. The writ petition is disposed of. No further orders are called for. Enquiry as to the other relevant aspects will be completed and a final decision will be taken considering all the materials including Ext.P8 and also affording an opportunity of hearing to the petitioner. It shall be done, at the earliest, at any rate, within two months.

Sd/- P.R. RAMACHANDRA MENON, JUDGE Pn