Mani Rajan vs State Of Kerala
2021 Latest Caselaw 20802 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
                       WP(C) NO. 19582 OF 2021
PETITIONERS:

    1     MANI RAJAN
          AGED 62 YEARS
          64/44, PALAPARAMBU HOUSE, ERG ROAD, ERNAKULAM NORTH,
          ERNAKULAM

    2     BHAIRAVI,
          64/48,UAT, POOTHULLI PARAMBU, MATHAI MANJOORAN ROAD,
          ERNAKULAM NORTH, ERNAKULAM

    3     K.K.KAMALA
          64/UAT/59 MALLIYECKAL PARAMBU, MATHAI MANJOORAN ROAD,
          ERNAKULAM NORTH, ERNAKULAM

    4     SHEEBA SAJEEVAN
          64/51 UAT, PALAPARMABIL HOUSE, MATHAI MANJOORAN ROAD,
          ERNAKULAM NORTH, ERNAKULAM

    5     SHANTHINI,
          59S CC/66 VA(2), 180 (13), ERG COLONY, MANIYATHU
          PARAMBIL, ERG ROAD, ERNAKULAM

    6     ALAMELU
          64/53UAT, POOTHULLI PARAMBU, MATHAI MANJOORAN ROAD,
          ERNAKULAM NORTH, ERNAKULAM

    7     REENA
          59 CP, KONNAPILLI HOUSE, ERG ROAD, ERNAKULAM NORTH,
          ERNAKULAM

    8     J.MOHANAN,
          59K (64/56), ERG CHERI, MATHAI MANJOORAN ROAD,
          ERNAKULAM NORTH, ERNAKULAM

    9     MARY JOSEPH
          64/59L, MALLIYECKAL PARAMBIL, MATHAI MANJOORAN ROAD,
          ERNAKULAM NORTH, ERNAKULAM

    10    ANIL KUMAR
          59S, MANIYATHU PARAMBIL, ERG ROAD, ERNAKULAM NORTH,
 WP(C) NO. 19582 OF 2021       2



          ERNAKULAM

    11    BEEVATHU
          CC 66 VA (P), 180(12), PAIMATTATHIL HOUSE, MATHAI
          MANJOORAN ROAD, ERNAKULAM NORTH, ERNAKULAM

    12    PANKAJAVALLI KUNJUPANICKER,
          614-A, TATA ROAD, ERNAKULAM NORTH, ERNAKULAM

    13    USHA SUNIL
          59R(P), V/A MANIYATH PARAMBIL HOUSE, MATHAI MANJOORAN
          ROAD, ERNAKULAM NORTH, ERNAKULAM

    14    PUSHPAVALLI,
          MANIYATH PARAMBIL HOUSE, MATHAI MANJOORAN ROAD,
          ERNAKULAM NORTH, ERNAKULAM

    15    MERCY ANTONY,
          66, THETTIPURACKAL HOUSE, MATHAI MANJOORAN ROAD,
          ERNAKULAM NORTH, ERNAKULAM

    16    MARYKUTTY,
          72 (64/67), CHERICKAL HOUSE, MATHAI MANJOORAN ROAD,
          ERNAKULAM NORTH, ERNAKULAM

    17    H.D.HARI,
          68, MAHAJANAVATHI PARAMBU, MATHAI MANJOORAN ROAD,
          ERNAKULAM NORTH, ERNAKULAM

    18    K.M.NABEESA
          69, KALALTHIPARAMBIL HOUSE, ERG ROAD, ERNAKULAM,
          NORTH, ERNAKULAM

    19    K.K.YESODA,
          70, VISHNU BHAVAN, ERG COLONY, MATHAI MANJOORAN ROAD,
          ERNAKULAM NORTH, ERNAKULAM

    20    ARIFA
          THEKKEKOLLAM PARAMBIL HOUSE, DOOR NO.46/6 UT, ERG
          ROAD, COMBARA, ERNAKULAM NORTH , ERNAKULAM

    21    ALICE GOMEZ,
          64/55, MALIYEKKAL PARMABIL , MATHAI MANJOORAN ROAD,
          ERNAKULAM NORTH, ERNAKULAM
 WP(C) NO. 19582 OF 2021       3




          BY ADVS.
          B.S.SWATHI KUMAR
          ANITHA RAVINDRAN
          HARISANKAR N UNNI
          SARANGADHARAN P.
          NAVVYA UNNI



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT,
          THIRUVANANTHAPURAM-695 001

    2     THE DISTRICT COLLECTOR,
          COLLECTORATE, ERNAKULAM-682 030

    3     THE CITY POLICE COMMISSIONER,
          REVENUE TOWER, ERNKAULAM-682 011

    4     THE DIVISIONAL MANAGER,
          THIRUVANANTHAPURAM DIVISION, SOUTHERN RAILWAY,
          THIRUVANANTHAPURAM-695 014

    5     THE ESTATE OFFICER/ ADDITIONAL DIVISIONAL RAILWAY
          MANAGER,
          THIRUVANANTHAPURAM DIVISION, SOUTHERN RAILWAY,
          THIRUVANANTHAPURAM-695 014

    6     THE GENERAL MANAGER,
          SOUTHERN RAILWAYS, HEAD QUARTERS, RAILWAY DIVISION,
          MADRAS-600 003

    7     THE AREA MANAGER,
          SOUTHERN RAILWAY, SOUTH RAILWAY STATION ROAD,
          ERNAKULAM-682 011

    8     CORPORATION OF KOCHI,
          CORPORATION OFFICE,MARINE DRIVE, KOCHI-682 011,
          REPRESENTED BY ITS SECRETARY

          BY ADVS.
          SRI.A.DINESH RAO, SC, RAILWAYS
 WP(C) NO. 19582 OF 2021          4



          D.G.VIPIN

          SRI. RENJITH SPL. GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19582 OF 2021             5



                              JUDGMENT

The petitioners have approached this Court

impugning Exts.P28 to P31 notices as being incompetent

and illegal and issued contrary to the specific

directions of this Court in Ext.P27 judgment.

2. When this matter was called today, the learned

Standing counsel for the Southern Railway,

Shri.A.Dinesh Rao, submitted that the impugned notices

were issued without being aware of Ext.P27 judgment;

and therefore, that no action will be taken thereon,

until the directions in the said judgment are complied

with.

3. Shri.Renjith, learned Special Government

Pleader, submitted that Exts.P28 to P31 notices have

been issued by the Southern Railway and therefore,

that the other respondents have no role to play at

this stage.

Taking note of the afore submissions and in

particular those made by Shri.A.Dinesh Rao, I allow

this writ petition and order that no action will be

pursued on Exts.P28 to P31 notices against the

petitioners, until such time as the directions in

Ext.P27 judgment are complied with implicitly.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/7.10

APPENDIX OF WP(C) 19582/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ELECTORAL IDENTITY CARD NO.KL/11/072/252372 OF THE 1ST PETITIONER

Exhibit P2 TRUE COPY OF THE AADHAAR CARD NO.4898 6308 9210 OF THE 1ST PETITIONER

Exhibit P3 TRUE COPY OF THE ELECTORAL IDENTITY CARD NO BXD 1076884 OF THE 2ND PETITIONER

Exhibit P4 TRUE COPY OF THE AADHAAR CARD NO.9154 1631 8784 OF THE 2ND PETITIONER

Exhibit P5 TRUE COPY OF THE AADHAAR CARD NO 4780 3711 5544 OF THE 3RD PETITIONER

Exhibit P6 TRUE COPY OF THE AADHAAR CARD NO.8730 9452 3052 OF THE 4TH PETITIONER

Exhibit P7 TRUE COPY OF THE AADHAAR CARD NO.4699 6799 8295 OF THE 5TH PETITIONER

Exhibit P8 TRUE COPY OF THE AADHAAR CARD NO. 9462 7771 3990 OF THE 6TH PETITIONER

Exhibit P9 TRUE COPY OF THE AADHAAR CARD NO. 9444 1030 4929 OF THE 7TH PETITIONER

Exhibit P10 TRUE COPY OF THE ELECTORAL IDENTITY CARD NO.KL/11/072/252413 OF THE 7TH PETITIONER

Exhibit P11 TRUE COPY OF THE AADHAAR CARD NO 3398 0044 6113 OF THE 8TH PETITIONER

Exhibit P12 TRUE COPY OF THE AADHAAR CARD NO 9227 2715 8670 OF THE 9TH PETITIONER

Exhibit P13 TRUE COPY OF THE AADHAAR CARD NO. 6059 4919 2587 OF THE 10TH PETITIONER

Exhibit P14 TRUE COPY OF THE AADHAAR CARD NO.2755 3572

6211 OF THE 11TH PETITIONER

Exhibit P15 TRUE COPY OF THE AADHAAR CARD NO. 7547 7847 2638 OF THE 12TH PETITIONER

Exhibit P16 TRUE COPY OF THE ELECTORAL IDENTITY CARD NO.KL/1/072/252466 OF THE 12TH PETITIONER

Exhibit P17 TRUE COPY OF THE AADHAAR CARD NO. 5323 3937 5025 OF THE 13RD PETITIONER

Exhibit P18 TRUE COPY OF THE ELECTORAL IDENTITY CARD NO.NWK0389353 OF THE 13TH PETITIONER

Exhibit P19 TRUE COPY OF THE AADHAAR CARD NO. 8334 1890 1797 OF THE 14TH PETITIONER

Exhibit P20 TRUE COPY OF THE AADHAAR CARD NO. 3229 9007 3133 OF THE 15TH PETITIONER

Exhibit P21 TRUE COPY OF THE AADHAAR CARD NO. 4835 6322 4363 OF THE 16TH PETITIONER

Exhibit P22 TRUE COPY OF THE AADHAAR CARD NO. 8031 5910 0712 OF THE 17TH PETITIONER

Exhibit P23 TRUE COPY OF THE AADHAAR CARD NO. 7247 7176 5224 OF THE 18TH PETITIONER

Exhibit P24 TRUE COPY OF THE AADHAAR CARD NO. 9042 0261 3117 OF THE 19TH PETITIONER

Exhibit P25 TRUE COPY OF THE AADHAAR CARD NO. 5596 4851 8075 OF THE 20TH PETITIONER

Exhibit P26 TRUE COPY OF THE AADHAAR CARD NO. 7707 5859 2517 OF THE 21ST PETITIONER

Exhibit P27 TRUE COPY OF THE JUDGMENT IN OP NO.3052/1995 DATED 18.1.2002

Exhibit P28 TRUE COPY OF THE NOTICE NO.V/W274/PLY & G1/ERS/ENC DATED 3.9.2021 ISSUED TO THE 17TH PETITIONER

Exhibit P29 TRUE COPY OF THE NOTICE NO.V/W274/PLY & G1/ERS/ENC DATED 3.9.2021 ISSUED TO THE 18TH PETITIONER

Exhibit P30 TRUE COPY OF THE NOTICE NO.V/W274/PLY & G1/ERS/ENC DATED 3.9.2021 ISSUED TO THE 19TH PETITIONER

Exhibit P31 TRUE COPY OF THE NOTICE NO.V/W274/PLY & G1/ERS/ENC DATED 3.9.2021 ISSUED TO THE HUSBAND OF THE 16TH PETITIONER

Exhibit P32 THE TRUE COPY OF IDENTITY CARD NO.734 ISSUED BY THE 8TH RESPONDENT TO THE HUSBAND OF THE 1ST PETITIONER

Exhibit P33 THE TRUE COPY OF IDENTITY CARD NO.754 ISSUED BY THE 8TH RESPONDENT TO THE HUSBAND OF THE 21ST PETITIONER