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Kerala High Court
Sunitha P.V vs District Collector on 23 January, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2026:KER:5699
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 23RD DAY OF JANUARY 2026 / 3RD MAGHA, 1947
WP(C) NO. 2567 OF 2026
PETITIONER/S:
SUNITHA P.V
AGED 45 YEARS
W/O JITHESH KESAV, MECHERY HOUSE KUNNAMANGALAM,
KOZHIKODE, PIN - 673571
BY ADVS.
SMT.KEERTHI M.
SHRI.ARJUN RAJA P.C.
SHRI.JINEESH LAL M.
RESPONDENT/S:
1 DISTRICT COLLECTOR
OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE
KOZHIKODE, PIN - 678001
2 KOZHIKODE DISTRICT PANCHAYATH
REPRESENTED BY ITS SECRETARY KOZHIKODE, PIN - 673020
3 CONVENOR (SECRETARY, KOZHIKODE DISTRICT PANCHAYATH)
SNEHASPARSHAM JEEVAJYOTHI, KIDNEY PATIENTS WELFARE
SOCIETY, CIVIL STATION P.O. KOZHIKODE DISTRICT
PANCHAYATH KOZHIKODE, PIN - 673020
4 KUNNAMANGALAM GRAMA PANCHAYATH
REPRESENTED BY THE SECRETARY KUNNAMANGALAM P.O.,
KOZHIKODE, PIN - 673571
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WP(C) NO. 2567 OF 2026 2
5 SECRETARY
KUNNAMANGALAM GRAMA PANCHAYATH KUNNAMANGALAM P.O.,
KOZHIKODE, PIN - 673571
SMT VIDYA KURIAKOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 2567 OF 2026 3
P.V. KUNHIKRISHNAN, J.
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W.P.(C) No.2567 of 2026
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Dated this the 23rd day of January, 2026
JUDGMENT
The above Writ Petition (C) is filed with the following prayers:
i. To issue a writ of Certiorari or other writ or any other
appropriate writ order or direction, calling for records pertaining
to Ext. P6 and quash the same.
ii. To issue a writ of mandamus or other writ or any other
appropriate writ order or direction, directing the 3rd respondent to
allow Ext. P1 application without insisting on an address change in
Aadhaar card and by considering the address proof as Voter's
identity card.
iii. To issue a writ of mandamus or other writ or any other
appropriate writ order or direction, directing the respondents to
consider Ext. P5 as expeditiously as possible within a time frame
fixed by this Hon'ble Court
2. Petitioner is an applicant for availing the social welfare
scheme by name 'Snehasparsham Jeevajyothi' organized by the
Kozhikode District Panchayat under the Kidney Patients Welfare Society
aimed for providing financial assistance to kidney patients residing
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within Kozhikode District. The petitioner is diagnosed with end stage
renal disease and she is suggested for a kidney transplant for which the
donor is petitioner's husband. It is submitted that the petitioner was
born and was residing at Kasargod till marriage and after that the
petitioner has been residing at Kunnamangalam Panchayat, Kozhikode.
3. Ext.P3 is the Residence Certificate issued by the
Kunnamangalam Grama Panchayat which shows that the petitioner is
residing at Mechery, which is within the jurisdiction of the Kozhikode
District Panchayat. The petitioner also produced Ext.P4 identity card
issued by the Election Commission of India, in which also the
petitioner's residence is shown as Kunnamangalam, which is within the
jurisdiction of the Kozhikode District Panchayat. The petitioner
submitted Ext.P1 application for financial assistance under the
'Snehasparsham Jeevajyothi' organized by the Kozhikode District
Panchayat. Now, Ext.P6 is received by the petitioner, in which it is
stated that as per the Aadhar Card, the petitioner's residence is shown
as Kasargod. Aggrieved by the same, this writ petition is filed.
4. Heard the learned counsel for the petitioner and the learned
Government Pleader. In the manner in which the writ petition is going
to be disposed of, no notice is necessary to respondents 2 to 5.
5. It is an admitted fact that the petitioner is a kidney patient
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and a renal transplantation is necessary. It is also an admitted fact that
her husband is the donor. A perusal of Exts.P3 and P4 would show that
the petitioner is a resident of Kunnamangalam, which would come
within the jurisdiction of the Kozhikode District Panchayat. The
grievance of the petitioner is that the financial benefit is going to be
rejected stating that the petitioner's residence is shown as Kasargod in
the Aadhar Card. Such a stand is taken because as per Ext.P1, it is
stated that the applicant should be a resident of Kozhikode District.
The definite case of the petitioner is that after marriage, the petitioner
is residing in Kozhikode District and Exts.P3 and P4 would justify the
same. The petitioner is in death bed. Technicality should not be a
reason to reject the petitioner's application, if she is otherwise eligible
for the financial aid. The petitioner already submitted Ext.P5 before the
1st respondent. I think that the 1st respondent should look into the
matter, after giving an opportunity of hearing to the petitioner and
respondents 2 to 5 within one week from the date of receipt of a copy
of this judgment because the petitioner is in death bed and she needs
an emergency surgery. I make it clear that technicality should not be
reason to reject the application, if she is otherwise eligible.
Therefore, the writ petition is disposed of with the following
directions:-
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(i) The 1st respondent is directed to consider and pass orders
on Ext.P5 after giving an opportunity of hearing to the
petitioner and respondents 2 to 5 forthwith, at any rate,
within one week from the date of receipt of a copy of this
judgment. Petitioner can represent through an authorized
person, if she is not able to travel for attending the hearing
before the 1st respondent.
(ii) The petitioner will produce a copy of the judgment along
with a copy of this writ petition and exhibits before the 1st
respondent for compliance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
Sru
2026:KER:5699
APPENDIX OF WP(C) NO. 2567 OF 2026
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPLICATION NO. 1193/12/2025
DATED 02/12/2025 SUBMITTED BY THE PETITIONER
Exhibit P2 TRUE COPY OF THE REPORT DATED 17/11/2025
ISSUED BY THE BABY MEMORIAL HOSPITAL
Exhibit P3 TRUE COPY OF THE RESIDENCE CERTIFICATE DATED
16/12/2025 ISSUED BY THE 4TH RESPONDENT TO
THE PETITIONER
Exhibit P4 TRUE COPY OF THE VOTER'S IDENTITY CARD OF THE
PETITIONER
Exhibit P5 . TRUE COPY OF THE REPRESENTATION DATED
05/01/2026 SUBMITTED BY THE PETITIONER BEFORE
THE 1ST RESPONDENT
Exhibit P6 TRUE COPY OF THE ORDER DATED 07/01/2026
ISSUED BY THE 3RD RESPONDENT
