Kerala High Court
Roseniya K R vs Union Of India on 6 March, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
WP(C) NO. 3431 OF 2024
PETITIONER:
ROSENIYA K R
AGED 16 YEARS, REP. BY HER FATHER
ROBERT K. A., AGED 48 YEARS, S/O LATE K. P.
ANTONY, KALANGARA HOUSE, VALAPPU, PUTHUVYPE,
ERNAKULAM, KERALA, PIN - 682508
BY ADVS.
ASHITHA RIA MERIN
C.A.PIOUS
ARUN ROY
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY,
MINISTRY OF ELECTRONICS AND INFORMATION
TECHNOLOGY, GOVERNMENT OF INDIA, UNIQUE
IDENTIFICATION AUTHORITY OF INDIA (UIDAI),
BANGLA SAHIB ROAD, BEHIND KALI MANDIR,
GOLE MARKET, NEW DELHI, PIN - 110001
2 UIDAI STATE OFFICE
REP. BY ITS DIRECTOR, DOOR SANCHAR BHAVAN,
PMG JUNCTION, PATTOM VILLAGE,
THIRUVANANTHAPURAM, KERALA - 695033
3 UIDAI REGIONAL OFFICE
REP. BY ITS DEPUTY DIRECTOR GENERAL,
KHANIJA BHAVAN, NO. 49, 3RD FLOOR,
SOUTH WING RACE COURSE ROAD, BENGALURU,
INDIA, PIN - 560001
BY ADV.
SRI.S.MANU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.03.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.3431 of 2024
:2:
JUDGMENT
The petitioner has approached this Court, alleging that the
alleged cancellation of her "Aadhaar Card", through a cursory
note like Ext.P6, sent to her through "Short Message Service"
(SMS), is illegal and unlawful.
2. In response, the learned Deputy Solicitor General of
India - Sri.S.Manu, submitted that the afore assertions of the
petitioner are not as simple as it looks because, she is in
possession of two "Aadhaar Cards", one of which will require to
be cancelled. He, however, submitted that, if this Court is so
inclined, the 3rd respondent is willing to hear the petitioner and
take a final decision; but prayed that this Court may not order
reinstatement of the "Aadhaar Card" mentioned in Ext.P6.
3. In reply, Sri.Arun Roy - learned counsel for the petitioner,
submitted that this client is now placed in a very piquant
situation because, her "Aadhaar Cards" have been cancelled and
is now left virtually without any identity, because, for every
service that she requires, the afore card is a sine qua non.
4. I have no doubt that the petitioner's situation is a rather
difficult one; and am, therefore, of the firm view that the 3 rd
respondent must immediately hear her and take a final decision,
particularly on the question of cancellation of her "Aadhaar
Card".
5. Normally, this Court could have even interfered with
Ext.P6, but I chose not to do so, because am of the opinion that
the 3rd respondent will rise to the occasion and take a necessary
decision on the claim of the petitioner as per law.
6. Resultantly, I direct the 3 rd respondent to immediately
hear the petitioner and take a decision on her "Aadhaar Card",
de hors Ext.P6, as expeditiously as is possible, but not later than
one month from the date of receipt of a copy of this judgment.
7. I reiteratingly clarify that, though this Court has not
quashed Ext.P6, the 3rd respondent will act dispassionately and
take a final decision strictly as per law, de hors its contents.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
anm
APPENDIX OF WP(C) 3431/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE AADHAR CARD ISSUED TO
THE PETITIONER DATED 31.12.2012
Exhibit P2 TRUE COPY OF THE AADHAR CARD ISSUED TO
THE FATHER OF THE PETITIONER DATED
26.12.2012
Exhibit P3 TRUE COPY OF THE 2ND AADHAR CARD ISSUED
TO THE PETITIONER DATED 30.08.2014
Exhibit P4 TRUE COPY OF THE CANDIDATE SCORE CARD
PUBLISHED BY THE GENERAL EDUCATION
DEPARTMENT, GOVT. OF KERALA ON
21.04.2021
Exhibit P5 TRUE COPY OF THE UPDATED AADHAR CARD OF
THE PETITIONER PRINTED DATED 27.08.2023
Exhibit P6 TRUE COPY OF THE SCREENSHOT OF THE
COMMUNICATION RECEIVED THROUGH SMS DATED
16.10.2023
Exhibit P7 TRUE COPY OF THE RELEVANT PORTION IN THE
AADHAR (ENROLLMENT AND UPDATE)
REGULATION, 2016
Exhibit P8 TRUE COPY OF THE REPRESENTATION TO THE
2ND RESPONDENT DATED 16.11.2023 ALONG
WITH POSTAL RECEIPT
Exhibit P8(a) TRUE COPY OF THE ACKNOWLEDGEMENT FROM
THE 2ND RESPONDENT DATED 20.11.2023
RECEIVED BY THE PETITIONER ON 28.11.2023
Exhibit P9 TRUE COPY OF THE REPRESENTATION TO THE
3RD RESPONDENT DATED 16.11.2023 ALONG
WITH POSTAL RECEIPT
Exhibit P10 TRUE COPY OF THE REPLY LETTER NO. F-
12011/1947-WRITTEN-COMPLAINTS/2023-
24/KL/417/1030 DATED 24.11.2023 FROM THE
3RD RESPONDENT ALONG WITH POSTAL COVER
Exhibit P10(a) TRUE COPY OF THE ACKNOWLEDGEMENT FROM
3RD RESPONDENT DATED 20.11.2023 RECEIVED
BY THE PETITIONER ON 02.12.2023
Exhibit P11 TRUE COPY OF THE SCREENSHOT TAKEN FROM
THE NATIONAL SCHOLARSHIP PORTAL WHILE
TRYING TO UPDATE THE EKYC
RESPONDENTS' EXHIBITS : NIL.
