Citation : 2023 Latest Caselaw 6721 Ker
Judgement Date : 20 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
WP(C) NO. 13779 OF 2023
PETITIONER/S:
JERUSHA THOMAS
AGED 20 YEARS
D/O EFFIE THOMAS, PLAMOOTTIL, T.C. 13/653, ERA
33-A, MANNANTHALA P.O., THIRUVANANTHAPURAM, PIN -
695015
BY ADV J.G.SYAMNATH
RESPONDENT/S:
1 THE DIRECTOR
DEPARTMENT OF PRINTING, GOVERNMENT CENTRAL PRESS,
THIRUVANANTHAPURAM., PIN - 695001
2 THE SUPERINTENDENT
OFFICE OF THE DIRECTOR OF THE DEPARTMENT OF
PRINTING, GOVERNMENT CENTRAL PRESS,
THIRUVANANTHAPURAM., PIN - 695001
3 THE DISTRICT FORM OFFICER,
THE DISTRICT FORM STORE, THIRUVANANTHAPURAM
(ADDL.R3 IS SUO MOTU IMPLEADED AS PER ORDER DATED
20.06.2023)
OTHER PRESENT:
SMT.VIDYA KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.06.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-2-
W.P.(C). No. 13779 of 2023
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 13779 of 2023
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Dated this the 20th day of June, 2023
JUDGMENT
The above writ petition is filed with following prayers:
"A) A Writ of Mandamus directing the respondents to accept and allow the application of the petitioner for change of name from 'Jerusha Thomas' to 'Jerusha Thomas Philip' within a time limit to be stipulated by this Hon'ble Court.
B) To dispense with the production of English translation of documents in Vernacular Languages.
C) Any other appropriate writ, order or directions as this Hon'ble court deem fit on the fact and in the circumstances of the case and allow this petition with cost." (sic)
2. The petitioner is aggrieved by the inaction of the
respondents in not considering her application for changing her name
from 'Jerusha Thomas' to 'Jerusha Thomas Philip' after remarriage of
her mother. The non consideration of the application and non
issuance of orders after conducting proper enquiry by respondents is
W.P.(C). No. 13779 of 2023
causing hardship is the submission. The petitioner submitted that in
similar situation, this Court issued Ext.P5 order.
3. Heard the counsel for the petitioner and the Government
Pleader.
4. After hearing both sides, I think a similar order like
Ext.P5 can be issued in this writ petition also. The petitioner will
produce the certified copy of the remarriage certificate of her mother
and if the same is received, the additional 3rd respondent will do the
needful.
Therefore, this writ petition is disposed of directing the 3 rd
respondent to allow the application for change of name submitted by
the petitioner, on condition that the petitioner will produce a certified
copy of the documents evidencing remarriage of her mother.
sd/-
P.V.KUNHIKRISHNAN JUDGE das
W.P.(C). No. 13779 of 2023
APPENDIX OF WP(C) 13779/2023
PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE AADHAR CARD BEARING NO. 5460 2334 9733 OF THE PETITIONER Exhibit-P2 A TRUE COPY OF THE MARRIAGE CERTIFICATE NO. C2844 DATED 13-05-2015 ISSUED BY THE CHAPLAIN OF DUBAI AND SHARJAH WITH THE NORTHERN EMIRATES Exhibit-P3 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 01- 02-2023 BEFORE THE 1ST RESPONDENT Exhibit-P4 A TRUE COPY OF THE LETTER DATED 24-02-
2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit-P5 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P(C) 23476/2022 DATED 01-09-2022
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