Sudheer M.C vs The District Collector Thrissur ...
2023 Latest Caselaw 7301 Ker

WP(C) NO. 20817 OF 2023            1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
       TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
                          WP(C) NO. 20817 OF 2023
PETITIONER/S:

               SUDHEER M.C
               AGED 50 YEARS
               S/O. CHANDRAN, MUTTICHOOR HOUSE, KARUVANNUR P.O.,
               URAKAM VILLAGE, THRISSUR DISTRICT, KERALA, PIN -
               680711

               BY ADVS.
               K.V.JAYADEEP MENON
               T.P.RAMESH (THENGUMPILLIL)
               VISHNU V. NAIR
               P.KRISHNAPRIYA



RESPONDENT/S:

      1        THE DISTRICT COLLECTOR THRISSUR DISTRICT
               COLLECTORATE THRISSUR, FIRST FLOOR, CIVIL STATION,
               CIVIL LINES ROAD, KALYAN NAGAR, AYYANTHOLE,
               THRISSUR, PIN - 680003

      2        THE VILLAGE OFFICER URAKAM VILLAGE
               THRISSUR DISTRICT, PIN - 680561

               SMT.VIDYA KURIAKOSE, GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20817 OF 2023                   2


                        P.V.KUNHIKRISHNAN, J
                    ---------------------------------------
                       W.P.(C.) No.20817 of 2023
                     --------------------------------------
                 Dated this the 27th day of June, 2023


                                      JUDGMENT

The above writ petition is filed with following prayers :

"(i) Issue a writ of Mandamus or any other appropriate writ, order or direction directing the 2nd respondent to consider Exhibit-P1 application of the petitioner and to issue the Photo Identification Certificates without any further delay considering the deteriorating health condition of the patient.

(ii) Pleased to dispense with English translation of the documents produced herewith.

(iii) Issue any other appropriate writ, order or direction as the case may be as this Honourable Court deems fit and necessary in the interest of justice

(iv) Award costs to the petitioner." [SIC]

2. The grievance of the petitioner is that the 2 nd

respondent is not considering Ext.P1 application of the

petitioner to issue a photo identification certificate for

submitting an application for transplantation of kidney.

3. Heard the learned counsel for the petitioner and the

learned Government Pleader.

4. The counsel for the petitioner reiterated the

contentions raised in this writ petition. The Government

Pleader after getting instructions submitted that the petitioner

has not submitted Ext.P1 before the 2nd respondent. If that is

the case, the petitioner can be allowed to submit Ext.P1 before

the 2nd respondent and there can be a direction to the 2nd

respondent to consider the same within a time frame.

Therefore, this writ petition is disposed of with the

following directions :

1) The petitioner is allowed to submit Ext.P1 application

before the 2nd respondent within one week from the date

of receipt of a certified copy of this judgment.

2) Once such an application is received, the 2 nd respondent

will consider the same and pass appropriate orders in it,

within ten days from the date of receipt of that

application.

3) The petitioner will produce a certified copy of this

judgment along with Ext.P1 before the 2 nd respondent for

compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 20817/2023

PETITIONER EXHIBITS

Exhibit P1 THE TRUE PHOTOCOPY OF THE APPLICATION DATED 16.06.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR ISSUING PHOTO IDENTIFICATION CERTIFICATE

Exhibit P2 THE TRUE PHOTOCOPY OF THE IDENTIFICATION CERTIFICATE AFFIXED WITH THE PHOTOGRAPHS OF THE PETITIONER AND HIS ELDER SON NAMED "ASWIN KRISHNA' SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR ISSUING PHOTO IDENTIFICATION CERTIFICATE

Exhibit P3 THE TRUE PHOTOCOPY OF THE IDENTIFICATION CERTIFICATE AFFIXED WITH THE PHOTOGRAPHS OF THE PETITIONER AND HIS ELDER SON NAMED "ANANDU KRISHNA' SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR ISSUING PHOTO IDENTIFICATION CERTIFICATE

Exhibit P4 THE TRUE PHOTOCOPY OF THE JUDGMENT OF THE HONOURABLE HIGH COURT OF KERALA IN WRIT PETITION (CIVIL) NO. 15420 OF 2022 DATED 06.05.2022