Rajana Rajesh vs State Of Kerala

Kerala High Court

Rajana Rajesh vs State Of Kerala on 23 May, 2024

W. P. (C) No. 33330 of 2023

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              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
          THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
  THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                              WP(C) NO. 33330 OF 2023
PETITIONER/PETITIONER:

               RAJANA RAJESH, AGED 17 YEARS,
               D/O RAJESH, KUTTIPARAVILA HOUSE, NATTUKAL P. O.,
               KOZHINJAMPARA, PALAKKAD, REPRESENTED BY HER
               NATURAL GUARDIAN AND MOTHER SHEENAMOL K. T.,
               AGED 36 YEARS, D/O THOMAS, KUTTIPARAVILA HOUSE,
               NATTUKAL P. O., KOZHINJAMPARA, PALAKKAD, PIN -
               678554.

               BY ADV. SRI. P.J.JOE PAUL


RESPONDENTS/RESPONDENT NO.1:

      1        STATE OF KERALA,
               REPRESENTED BY SECRETARY, LOCAL SELF GOVERNMENT
               DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN
               - 695001.

      2        CHIEF REGISTRAR OF BIRTHS AND DEATHS AND
               DIRECTOR OF PANCHAYAT, PANCHAYAT DIRECTORATE,
               SWARAJ BHAWAN, NANTHANCODE, KOWDIAR P. O.,
               THIRUVANANTHAPURAM, PIN - 695003.

      3        DISTRICT REGISTRAR OF BIRTHS AND DEATHS AND
               DEPUTY DIRECTOR OF PANCHAYAT (KOLLAM),
               OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYATS,
               VADDY - CIVIL STATION ROAD, VIDYA NAGAR, KOLLAM,
               PIN - 691013.
 W. P. (C) No. 33330 of 2023

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      4          REGISTRAR OF BIRTHS AND DEATHS AND SECRETARY,
                 SASTHAMCOTTA GRAMA PANCHAYAT,
                 SASTHAMCOTTA, KOLLAM, PIN - 690521.

      5          SASTHAMCOTTA GRAMA PANCHAYAT
                 REPRESENTED BY ITS SECRETARY , SASTHAMCOTTA,
                 KOLLAM, PIN - 690521.

                 BY ADV.SRI. K.P.SATHEESAN (SENIOR) ALONG WITH
                 ADVS.M/S.P.MOHANDAS (ERNAKULAM), K.SUDHINKUMAR,
                 SABU PULLAN, GOKUL D. SUDHAKARAN, R.BHASKARA
                 KRISHNAN, BHARATH MOHAN


                 SMT.DEVI SHRI R., G.P.




          THIS    WRIT        PETITION   (CIVIL)     HAVING    COME     UP   FOR
ADMISSION         ON    23.5.2024,       THE     COURT   ON   THE     SAME   DAY
DELIVERED THE FOLLOWING:
 W. P. (C) No. 33330 of 2023

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                       MOHAMMED NIAS C. P. , J.
                ====================================
                        W. P. (C) No. 33330 of 2023
                ====================================
                     Dated this the 23rd day of May, 2024


                                   JUDGMENT

The Writ Petition is filed with the following prayers:

"

(a)issue a writ in the nature of mandamus or any other appropriate writ, direction or order directing the 3 rd respondent to grant permission for the registration of the death of Rajesh, aged 39 years, s/o Rajamani, Kuttiparavila House, Kochukarimtharuvi P. O., Idukki who is the father of the petitioner;

(b)issue a writ in the nature of mandamus or any other appropriate writ, direction or order directing the 4th respondent to expeditiously consider the application for the registration of the death of aforesaid Rajesh which was taken on record as file no. 400278/CRDR05/GPO/2023/4584 and issue Death Certificate;

(c)issue such other writ, direction or order as deemed fit; and

(d)dispense with the filing of the English translation of the vernacular documents filed in this Writ Petition on such terms and conditions as this Honourable Court deems fit and proper in the facts and circumstances of this case."

2. By order dated 11.4.2024, this Court directed respondents 3 and 4 to consider the application preferred by the petitioner for registration of the death of Rajesh, the father of the petitioner and also, W. P. (C) No. 33330 of 2023 ..4..

for issuance of a Death Certificate.

3. The learned counsel for the petitioner submits that the certificate has been issued. This is recorded. However, he presses for imposing costs for the inordinate delay caused. It will be open to the petitioner to seek appropriate remedies against those responsible, in accordance with law, for the damages suffered due to the delay in issuance of the certificate.

Reserving such liberty, the Writ Petition is closed.

Sd/-

MOHAMMED NIAS C. P. , JUDGE MMG W. P. (C) No. 33330 of 2023 ..5..

APPENDIX OF WP(C).NO.33330/2023 PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE F. I. R. NO.

695/2023 REGISTERED AT SOORANADU POLICE STATION EXHIBIT P2 THE TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 26.06.2023 ISSUED BY THE 4TH RESPONDENT EXHIBIT P3 THE TRUE COPY OF RECEIPT NO.

1230000191/G020201 DATED 26.06.2023 ISSUED BY THE 4TH RESPONDENT EXHIBIT P4 THE TRUE COPY OF THE INFORMATION REGARDING THE STATUS OF THE APPLICATION AS OBTAINED FROM THE WEBSITE HTTPS://CITIZEN.LSGKERALA.GOV.IN/FILE- SEARCH OF THE CITIZEN SERVICE PORTAL ESTABLISHED BY THE 1ST RESPONDENT