Kerala High Court
Shimna T.S vs Registrar Of Births & Death on 7 February, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024 / 18TH MAGHA,
1945
WP(C) NO. 14826 OF 2014
PETITIONER:
SHIMNA T.S., AGED 7 YEARS
(MINOR), REPRESENTED BY MOTHER GUARDIAN AND
NEXT FRIEND JAYASREE A.M., W/O.SEBASTIAN
T.T., THAKKINKATTIL HOUSE, KARAPARAMBA, PAYAM
P.O. ARALAM, KANNUR-670704.
BY ADV SRI.KALEESWARAM RAJ
RESPONDENTS:
1 REGISTRAR OF BIRTHS & DEATH
KUTTIADI GRAMA PANCHAYAT, KUTTIADI,
KOZHIKODE-673508.
2 KUTTIADI GRAMA PANCHAYAT
REPRESENTED BY THE SECRETARY,
KUTTIADI GRAMA PANCHAYAT,
KUTTIADI, KOZHIKODE-673508.
3 HEADMISTRESS, ST.MARY'S L.P.SCHOOL, EDOOR,
P.O.PAYAM-670704, KANNUR DISTRICT.
4 THE MANAGER, ST.MARY'S L.P.SCHOOL, EDOOR,
P.O.PAYAM-670704, KANNUR DISTRICT.
5 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
6 DEPUTY DIRECTOR OF EDUCATION
KANNUR-670001.
7 THE ASSISTANT EDUCATION OFFICER
KANNUR-670001.
W.P(C).14826/2014
2
BY ADVS.
SRI.R.SUDHISH
SMT.K.DEEPA (PAYYANUR)
SMT.K.DEEPA PAYYANUR
SRI.V.R.NASAR
SRI.VINOD SINGH CHERIYAN
OTHER PRESENT:
SRI BS SYAMANTAK , GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C).14826/2014
3
P. V. KUNHIKRISHNAN, J.
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W.P(C).No.14826 of 2014
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Dated this the 7th day of February, 2024
JUDGMENT
The above Writ Petition is filed with the following prayers:
i) To issue a writ of certiorari quashing Ext. P6 as
unjust, illegal and arbitrary;
ii) To issue a writ of mandamus directing the
Headmaster of the school to legally admit the
petitioner in the 2nd standard in the school run by the
3rd and 4th respondents without further delay;
iii) To issue a writ of mandamus directing the
respondent No.2 to issue birth certificate to the
petitioner as requested in Ext.P5 stating that the
name of the petitioner is Shimna T.S born on
25.9.2007 and name of the father of the petitioner is
Sebastian T.T;
iv) To declare that the petitioner is entitled to get the
birth certificate issued by respondent No. 1 stating
that the name of the petitioner Shimna T.S, born on
25.9.2007 and name of the father of the petitioner is
Sebastian T.T;
v) To issue such other orders, directions or writs as
may be prayed for and that this Hon'ble Court may
W.P(C).14826/2014
deem fit on the facts and circumstances of the case.
[SIC]
2. When this Writ petition came up for consideration on
11.06.2014, this Court passed the following order:
'Admit. Issue urgent notice returnable in 10 days
to the respondents.
There will be an interim order directing
respondents 3 and 4 to admit the petitioner in the first
standard without insisting on the production of an
extract from the register of births (birth certificate) on
the petitioner submitting a declaration in Form No.IV
prescribed in Rule 12 of the Kerala Right of Children to
Free and Compulsory Education Rules, 2011.'
3. In the light of the above order, no further order is
necessary.
Recording the above order, this Writ Petition is closed.
Sd/-
P. V. KUNHIKRISHNAN
JUDGE
Sbna/
W.P(C).14826/2014
APPENDIX OF WP(C) 14826/2014
PETITIONER EXHIBITS
P1: COPY OF THE LETTER DATED 19.5.2014 ISSUED BY THE 3RD
RESPONDENT'S SCHOOL
P2: COPY OF THE JUDGMENT DATED 29.10.2012 IN
O.P.NO.69/2012 PASSED BY THE FAMILY COURT, THALASSERY.
P3: COPY OF THE CERTIFICATE OF MARRIAGE PERTAINING TO THE
PETITIONER'S MOTHER.
P4: COPY OF THE AGREEMENT DATED 26.6.2012 ENTERED INTO
BETWEEN THE PETITIONER'S MOTHER AND FORMER HUSBAND SANU
V.K.
P5: COPY OF THE REPRESENTATION DATED 8.10.2012 SUBMITTED
BY THE PETITIONER'S MOTHER ALONG WITH POSTAL RECEIPT.
P6: COPY OF THE COMMUNICATION DATED 20.12.2012.
P7: COPY OF THE AADHAR CARD.
P8: COPY OF THE JUDGMENT DATED 29.6.2012 IN WPC
NO.30880/2011.
