Yogesh Kurup P.V vs The State Of Kerala
2023 Latest Caselaw 11801 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
                          WP(C) NO. 37054 OF 2023
PETITIONER:

              YOGESH KURUP P.V
              AGED 41 YEARS
              S/O VASUDEVA KURUP, PUTHIYA VEETTIL, VAZHAMUTTOM EAST
              P.O., PATHANAMTHITTA DISTRICT., PIN - 689646
              BY ADVS.
              B.KRISHNA KUMAR
              A.CHANDRA BABU
              DINESH THANKAPPAN


RESPONDENTS:

     1        THE STATE OF KERALA,
              REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF
              GOVERNMENT,SECRETARIATE, TIRUVANANTHAPURAM,, PIN - 695001
     2        THE REGISTRAR OF BIRTHS AND DEATHS
              THE SECRETARY, VALLIKKODE GRAMA PANCHAYAT,VALLIKODE P.O.,
              PATHANAMTHITTA,, PIN - 689648
              BY ADVS.
              D.AJITHKUMAR   SC

              SRI SUNIL K KURIAKOSE-GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 37054 OF 2023
                                      2

                                JUDGMENT

The petitioner impugns Ext.P8 order issued

by the 2nd respondent is being illegal and

unlawful and asserts that it has been done

without even adverting to the affirmative

declarations of this Court in Jeenamol Varghese

v. State of Kerala and Another [2022(6) KHC

276].

2. The learned Standing Counsel for the 2nd

respondent - Sri.D.Ajithkumar, Submitted that if

this Court is only inclined to direct his client

to reconsider the petitioner's application,

adverting to Jeenamol Varghese (supra), he will

not stand in the way of appropriate orders being

issued; however, asserting that the allegations

of the petitioner are not being conceded. He

further prayed that this Court may not make any

affirmative declarations in favour of the WP(C) NO. 37054 OF 2023

petitioner and allow the 2nd respondent to take a

fresh decision in terms of law.

Taking note of the afore submissions, I allow

this writ petition and set aside Ext.P8, without

entering into its merits; with a consequential

direction to the 2nd respondent to reconsider

Ext.P7 representation of the petitioner, after

affording him an opportunity of being heard,

adverting specifically to Jeenamol Varghese

(supra); thus culminating in an appropriate new

order on or before 27.11.2023. For the afore

purpose, I direct the petitioner to mark

appearance before the 2nd respondent with a

certified copy of this judgment and a copy of the

writ petition, at 11 A.M on 20.11.2023.

Sd/-

DEVAN RAMACHANDRAN SAS JUDGE WP(C) NO. 37054 OF 2023

APPENDIX OF WP(C) 37054/2023

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 17.10.2023.

Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE SSLC BOOK OF THE PETITIONER Exhibit P3 TRUE COPY OF THE ADHAR CARD OF THE PETITIONER Exhibit P4 TRUE COPY OF THE DRIVING LICENSE OF THE PETITIONER Exhibit P5 TRUE COPY OF THE PAN CARD OF THE PETITIONER Exhibit P6 TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT OF THE PETITIONER Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 26.10.2023 BY THE PETITIONER TO THE 2ND RESPONDENT Exhibit P8 TRUE COPY OF THE LETTER NO. C3- 1836/2023(12) DATED 30.10.2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER