C.H.Muhammed Kunhi vs State Of Kerala
2021 Latest Caselaw 18786 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                  &
               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
   THURSDAY, THE 9TH DAY OF SEPTEMBER 2021 / 18TH BHADRA, 1943
                        WP(C)NO.34863 OF 2018
PETITIONER:

          C.H.MUHAMMED KUNHI, AGED 47 YEARS
          S/O C.H.ABDULLA, RESIDING AT SAMEERA MANZIL,
          KELUGUDDE ROAD, KASARAGOD-671 125.

          BY ADV C.K.SREEJITH



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT OF
          KERALA, SECRETARIAT, THIRUVANANTHAPURAM 695001.

    2     UNION OF INDIA, REP. BY ITS SECRETARY TO GOVT.,
          FINANCE DEPARTMENT, NEW DELHI - 110 001.

    3     INDIA SECURITY PRESS
          REGISTERED OFFICE, JAWAHAR VYAPAR BHAVAN,
          16TH FLOOR, JANPATH, NEW DELHI - 110 001.

          BY ADVS.SR. GOVERNMENT PLEADER SRI.TEKCHAND,
          Mr.RAMANARAYANA PRABHU, CGC




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.34863 OF 2018
                                        :: 2 ::




                                    JUDGMENT

Dated this the 9th day of September, 2021

S.MANIKUMAR, C.J.

Petitioner in this public interest litigation is a citizen of India and

resident of Kerala. Main concern raised by the petitioner in this public

interest litigation is the error in the printing of the State's name in

Malayalam as 'Keralam' instead of as 'Kerala', in the Non-Judicial Stamp

Papers, printed by the State. The writ petition is filed seeking an order

directing the 1st respondent to cancel all the non-judicial stamp papers

printed showing the name of the State as "Keralam". It is submitted by

the petitioner that the State's name is correctly printed as 'Kerala' in

English and 'Keral' in Hindi whereas in Malayalam, the name is

misprinted as 'Keralam'. Hence this writ petition.

2. Reliefs sought for in this writ petition are as follows:

(i) Issue writ of mandamus or such other writ or direction directing the 1st respondent to cancel all the non-judicial stamp papers printed showing the name of the state as "keralam".

(ii) Issue writ of mandamus or such other writ or order declaring that the non-judicial stamp papers executed showing the name of the state of kerala is invalid. WP(C) NO.34863 OF 2018 :: 3 ::

3. In the statement filed on behalf of the 3 rd respondent/India

Security Press, it is stated that the printing work of Non-judicial stamp

papers for the 1st respondent State of Kerala is done by the 3 rd

respondent in accordance to the approved Script (Specimen) of the

name of the State (Keralam) in State language as requested as per Letter

No.4467/E2/2006/TD dt: 20/05/2006 of Government of Kerala, Taxes (E)

department, Thiruvananthapuram, as part of introduction of Regional

language in all denomination of Non - judicial stamps. Photo copy of

the said letter along with the specimen of the name of the Kerala State

in Malayalam (Approved Script) forwarded for printing by the 1 st

respondent, are produced herewith as Annexure R3(1). It is submitted

that in the Non -judicial stamp papers, the name of the State is printed

in three languages such as the Regional language, the National language

and the Official language. Therefore, the name of the State printed in

the Regional language as "Keralam' does not in any way make the stamp

paper invalid.

4. Added further, Mr.V.Tekchand, learned Senior Government

Pleader submitted that as of now there is no move to change the name

of the State of Kerala in the Non-judicial stamp papers involved. WP(C) NO.34863 OF 2018 :: 4 ::

5. Having heard learned counsel for the parties and having

perused the materials available on record, we are of the view that the

relief sought for in the writ petition cannot be granted.

Writ petition fails and it is dismissed.

sd/-

S.MANIKUMAR CHIEF JUSTICE

sd/-

SHAJI P. CHALY JUDGE jes WP(C) NO.34863 OF 2018 :: 5 ::

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE NON-JUDICIAL STAMP PAPER.

EXHIBIT P2 THE TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE GOVT.DT.20/10/2017 WITH ENGLISH TRANSLATION.

EXHIBIT P3 THE TRUE COPY OF THE REPLY GIVEN BY THE REVENUE (F) DEPARTMENT DT.20/12/2016 WITH ENGLISH TRANSLATION.

EXHIBIT P4 THE TRUE COPY OF THE REPLY GIVEN BY THE PUBLIC ADMINISTRATION DEPARTMENT DT.19/12/2016 WITH ENGLISH TRANSLATION.

EXHIBIT P5 THE TRUE COPY OF THE REPORT GIVEN BY THE KERALA GOVT. DT.1/10/2016 WITH ENGLISH TRANSLATION.

RESPONDENTS' EXHIBITS

ANNEXURE R3(1) THE TRUE COPY OF THE LETTER NO.4467/E2/2006/TD DATED 20.5.2006 OF GOVERNMENT OF KERALA, TAXES (E) DEPARTMENT, THIRUVANANTHAPURAM ALONG WITH THE SPECIMEN.

// True copy //

P.S. to Judge