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High Court of KeralaWP(C)/14901/2015disposed of

Susmitha v. Secretary

2015-05-21Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI THURSDAY, THE 21ST DAY OF MAY 2015/31ST VAISAKHA, 1937 WP(C).No. 14901 of 2015 (K) ---------------------------- PETITIONER :

--------------------- SUSMITHA B.S., AGED 27, W/O.VISHNU C.B., R/AT REVATHY BHAVAN KACHANY MRA-15, KARAKULAM P.O.

THIRUVANANTHAPURAM DISTRICT, PIN - 695 564.

BY ADVS.SMT.T.S.MAYA (THIYADIL) SMT.K.A.SUNITHA RESPONDENT(S) :

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

1. SECRETARY LOCAL ADMINISTRATION DEPARTMENT GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

2. REGISTRAR BIRTH & DEATH DEPARTMENT CORPORATIN OF THIRUVANANTHAPURAM, CORPORATION OFFICE VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695 033. R1 BY GOVT. PLEADER SMT. SANJEETHA R2 BY ADV. SRI.P.K.MANOJKUMAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 14901 of 2015 (K) ----------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT.P1.

TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY THE 1ND RESPONDENT NUMBERD AS 1012064 DATED ON 18/12/2010. EXT.P2.

TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY THE 2ND RESPONDENT NUMBERD AS 1012065 DATED ON 18/12/2010. EXT.P3.

TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 25/9/2014.

EXT.P4.

TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 25/9/2014.

EXT.P5.

COPY OF THE NOTARY ATTESTED AFFIDAVIT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 27/4/2015. EXT.P6.

COPY OF THE NOTARY ATTESTED AFFIDAVIT FILED BY THE FATHER VISHNU C.G. THE 2ND RESPONDENT DATED 27/4/2015. EXT.P7.

COPY OF THE NOTARY ATTESTED AFFIDAVIT FILED BY AJITH KUMAR V.S. BEFORE THE 2ND RESPONDENT DATED 27/4/2015. RESPONDENT(S)' EXHIBITS : NIL ---------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- W.P.(C) No. 14901 of 2015 -------------------------------------------------- Dated this the 21st day of May, 2015

J U D G M E N T

The petitioner has approached this Court alleging that when her oral request to the 2nd respondent for correcting the wrong entry in the Birth Register has failed, she subsequently filed Exts.P3 & P4 applications, which are still pending without any decision being taken.

2.

The petitioner is the mother of twin children born on 05.12.2010 at SAT Hospital, Thiruvananthapuram. The petitioner alleges that the children were born out of the wedlock with one Vishnu. The first marriage of the petitioner was dissolved by a competent decree; and thereafter, she married the aforesaid Vishnu. The petitioner alleges that at the time of her delivery, nobody was in station to help her; and she was assisted by her mother. Somebody mistakenly gave wrong information to the hospital authorities regarding the name of father and address. The grievance of the petitioner is that though she requested the 2nd respondent for correcting the same ultimately through Exts.P3 and P4, it did

..2..

not evoke any positive response.

3.

I have heard the learned counsel for the petitioner, the learned Government Pleader and the learned Standing Counsel for the respondent corporation.

4.

When the matter came up for admission, the learned counsel for the petitioner confined her argument to the limited prayer for a direction to the respondent corporation to consider and pass appropriate orders on Exts.P3 & P4 within a time frame.

In the light of the submission, this writ petition is disposed of directing the respondent corporation to consider and pass appropriate orders on Exts.P3 & P4 after affording the petitioner and the affected parties, if any, an opportunity of being heard, within a period of one month from the date of receipt of a copy of this judgment.

To facilitate an early action, the petitioner shall be at liberty to produce a copy of this judgment as well as a copy of this writ petition before the respondent corporation at the earliest.

Sd/- A.V. RAMAKRISHNA PILLAI JUDGE bka/-