V.V. Kunju Mol @ Kunjupennu vs State Of Kerala
2021 Latest Caselaw 20520 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
 FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
                       WP(C) NO. 20866 OF 2021
PETITIONER/S:

               V.V. KUNJU MOL @ KUNJUPENNU
               AGED 79 YEARS, W/O. LATE P.P.GOPALAN,
               PARITHAMOLATH, VADACODE P.O.,
               KANGARAPPADY, THRIKKAKARA NORTH (PART),
               KAKKANAD, ERNAKULAM-682 021,
               NOW RESIDING AT OLLIKUZHIVEEDU,
               VADACODE, VADACODE P.O.,
               KANGARAPPADY, THRIKKAKARA NORTH (PART),
               KAKKANAD, ERNAKULAM-682 021.


               BY ADV SRI.PRAISHEEL PRAKASAM


RESPONDENTS:

    1          STATE OF KERALA
               REPRESENTED BY SECRETARY TO THE GOVERNMENT,
               DEPARTMENT GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695 001
    2          THE THASILDAR
               KANNAYANNUR TALUK, ERNAKULAM -682 011
    3          P.G.PRASAD, S/O. LATE P.P.GOPALAN,
               PARITHAMOLATH, VADACODE P.O.,
               KANGARAPPADY, THRIKKAKARA NORTH (PART),
               KAKKANAD, ERNAKULAM-682 021


               BY SMT.B.VINITHA, SR.GOVERNMENT PLEADER

        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   01.10.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.20866 of 2021                ..2..




                      W.P.(C)No.20866 of 2021
            -------------------------------------------------------


                              JUDGMENT

Petitioner is stated to be the wife of late P.P.Gopalan

who was earlier married to another lady. It is stated that the

marriage of the petitioner was solemnised on 12.06.1976. The

husband of the petitioner died on 06.05.2011. On the death of

the husband of the petitioner, his son in the earlier marriage,

the third respondent preferred an application before the

second respondent for a relationship certificate in respect of

late P.P.Gopalan. In the said proceedings, the second

respondent has called upon the petitioner to produce

documents showing that her marriage with late P.P.Gopalan is

valid. Ext.P7 is the communication issued by the second W.P.(C) No.20866 of 2021 ..3..

respondent in this regard to the petitioner. The case of the

petitioner is that it was revealed to the second respondent in

the enquiry conducted by him on the application preferred by

the third respondent that the petitioner is the wife of late

P.P.Gopalan, and Ext.P7 communication has been issued

maliciously with a view to issue relationship certificate sought

by the third respondent without indicating the name of the

petitioner as the wife of the deceased. The petitioner, therefore

seeks directions to the second respondent to afford her an

opportunity to produce documents to substantiate her claim

that she is the wife of late P.P.Gopalan.

2. Heard the learned counsel for the petitioner.

3. Having regard to the facts and circumstances

of the case, the writ petition is disposed of directing the second

respondent to afford to the petitioner an opportunity to make

available the documents in her possession in support of her W.P.(C) No.20866 of 2021 ..4..

claim that she is the wife of late P.P.Gopalan. Needless to say,

the relationship certificate sought by the third respondent shall

be granted only after considering the documents, if any,

produced by the petitioner.

Sd/-

                                 P.B.SURESH KUMAR, JUDGE

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 W.P.(C) No.20866 of 2021         ..5..




                  APPENDIX OF WP(C) 20866/2021

PETITIONER EXHIBITS
Exhibit P1             TRUE COPY OF THE DEATH CERTIFICATE
Exhibit P2             TRUE COPY OF THE NOTICE DATED NIL
Exhibit P3             TRUE COPY OF THE RATION CARD NO.234760
Exhibit P3A            TRUE COPY OF THE RATION CARD
                       NO.1734012939
Exhibit P4             TRUE COPY EXTRACT FROM E-SERVICES-
                       RATION CARD NO.1734012939
Exhibit P5             TRUE COPY OF AADHAR CARD NO.4064 6852

Exhibit P6             TRUE COPY ELETORAL IDENTITY CARD
                       NO.KL/11/076/267025
Exhibit P7             TRUE COPY OF LETTER DATED 15.04.2021
Exhibit P8             TRUE COPY OF THE ONE AND THE SAME
                       CERTIFICATE
Exhibit P9             TRUE COPY EXTRACT FROM E-SERVICE-

RATION CARD NO.1734012939 BY ALLOTTING RATION Exhibit P10 TRUE COPY OF THE PENSION PAYMENT SLIP