Kerala High Court
Rajana Rajesh vs State Of Kerala on 23 May, 2024
W. P. (C) No. 33330 of 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 33330 OF 2023
PETITIONER/PETITIONER:
RAJANA RAJESH, AGED 17 YEARS,
D/O RAJESH, KUTTIPARAVILA HOUSE, NATTUKAL P. O.,
KOZHINJAMPARA, PALAKKAD, REPRESENTED BY HER
NATURAL GUARDIAN AND MOTHER SHEENAMOL K. T.,
AGED 36 YEARS, D/O THOMAS, KUTTIPARAVILA HOUSE,
NATTUKAL P. O., KOZHINJAMPARA, PALAKKAD, PIN -
678554.
BY ADV. SRI. P.J.JOE PAUL
RESPONDENTS/RESPONDENT NO.1:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY, LOCAL SELF GOVERNMENT
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN
- 695001.
2 CHIEF REGISTRAR OF BIRTHS AND DEATHS AND
DIRECTOR OF PANCHAYAT, PANCHAYAT DIRECTORATE,
SWARAJ BHAWAN, NANTHANCODE, KOWDIAR P. O.,
THIRUVANANTHAPURAM, PIN - 695003.
3 DISTRICT REGISTRAR OF BIRTHS AND DEATHS AND
DEPUTY DIRECTOR OF PANCHAYAT (KOLLAM),
OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYATS,
VADDY - CIVIL STATION ROAD, VIDYA NAGAR, KOLLAM,
PIN - 691013.
W. P. (C) No. 33330 of 2023
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4 REGISTRAR OF BIRTHS AND DEATHS AND SECRETARY,
SASTHAMCOTTA GRAMA PANCHAYAT,
SASTHAMCOTTA, KOLLAM, PIN - 690521.
5 SASTHAMCOTTA GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY , SASTHAMCOTTA,
KOLLAM, PIN - 690521.
BY ADV.SRI. K.P.SATHEESAN (SENIOR) ALONG WITH
ADVS.M/S.P.MOHANDAS (ERNAKULAM), K.SUDHINKUMAR,
SABU PULLAN, GOKUL D. SUDHAKARAN, R.BHASKARA
KRISHNAN, BHARATH MOHAN
SMT.DEVI SHRI R., G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.5.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W. P. (C) No. 33330 of 2023
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MOHAMMED NIAS C. P. , J.
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W. P. (C) No. 33330 of 2023
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Dated this the 23rd day of May, 2024
JUDGMENT
The Writ Petition is filed with the following prayers:
"
(a)issue a writ in the nature of mandamus or any other appropriate
writ, direction or order directing the 3 rd respondent to grant
permission for the registration of the death of Rajesh, aged 39
years, s/o Rajamani, Kuttiparavila House, Kochukarimtharuvi P.
O., Idukki who is the father of the petitioner;
(b)issue a writ in the nature of mandamus or any other appropriate
writ, direction or order directing the 4th respondent to expeditiously
consider the application for the registration of the death of
aforesaid Rajesh which was taken on record as file no.
400278/CRDR05/GPO/2023/4584 and issue Death Certificate;
(c)issue such other writ, direction or order as deemed fit; and
(d)dispense with the filing of the English translation of the vernacular
documents filed in this Writ Petition on such terms and conditions
as this Honourable Court deems fit and proper in the facts and
circumstances of this case."
2. By order dated 11.4.2024, this Court directed respondents
3 and 4 to consider the application preferred by the petitioner for
registration of the death of Rajesh, the father of the petitioner and also,
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for issuance of a Death Certificate.
3. The learned counsel for the petitioner submits that the certificate
has been issued. This is recorded. However, he presses for imposing costs
for the inordinate delay caused. It will be open to the petitioner to seek
appropriate remedies against those responsible, in accordance with law,
for the damages suffered due to the delay in issuance of the certificate.
Reserving such liberty, the Writ Petition is closed.
Sd/-
MOHAMMED NIAS C. P. ,
JUDGE
MMG
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APPENDIX OF WP(C).NO.33330/2023
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE F. I. R. NO.
695/2023 REGISTERED AT SOORANADU POLICE
STATION
EXHIBIT P2 THE TRUE COPY OF THE ACKNOWLEDGMENT
RECEIPT DATED 26.06.2023 ISSUED BY THE
4TH RESPONDENT
EXHIBIT P3 THE TRUE COPY OF RECEIPT NO.
1230000191/G020201 DATED 26.06.2023
ISSUED BY THE 4TH RESPONDENT
EXHIBIT P4 THE TRUE COPY OF THE INFORMATION
REGARDING THE STATUS OF THE APPLICATION
AS OBTAINED FROM THE WEBSITE
HTTPS://CITIZEN.LSGKERALA.GOV.IN/FILE-
SEARCH OF THE CITIZEN SERVICE PORTAL
ESTABLISHED BY THE 1ST RESPONDENT
