Disposed

Karthika Ramachandran v. Regional Passport Officer

Kerala HC23 Feb 2016WP(C)/1216/2016

Case brief

AI extract

What is this about?

The petitioner, an orphan unable to get a passport due to missing birth registration, sought a direction for birth registration. The Court directed the RDO to order the Registrar to register the birth based on the petitioner's S.S.L.C certificate within one month.

What did the court decide?

Direction to the Revenue Divisional Officer to pass an order within one month directing the 2nd respondent to register the petitioner's birth based on her S.S.L.C certificate, with the Registrar to do

Karthika Ramachandran Vs Regional Passport Officer — Education and Admissions | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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TUESDAY, THE 23RD DAY OF FEBRUARY 2016/4TH PHALGUNA, 1937

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WP(C).No. 1216 of 2016 (B)

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PETITIONER(S) :

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KARTHIKA RAMACHANDRAN, AGED 20 YEARS, W/O.SUJITH M.M., 90/2-VETTATH HOUSE, EDAKULAM POST, THRISSUR DISTRICT, PIN- 680 688.

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BY ADVS.SRI.N.M.MADHU SMT.C.S.RAJANI

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RESPONDENT(S) :

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1. REGIONAL PASSPORT OFFICER,

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REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR P.O., COCHIN-682 036.

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*** ADDITIONAL R2 TO R4 IMPLEADED**

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2. THE REGISTRAR OF BIRTH & DEATHS,

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POOMANGALAM GRAMA PANCHAYATH, EDAKULAM POST, THRISSUR DISTRICT- 682 121.

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3. THE REVENUE DIVISIONAL OFFICER, CIVIL STATION, AYYANTHOLE, TRISSUR- 680 003.

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4. THE TAHSILDAR,

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MUKUNDAPURAM TALUK, TALUK OFFICE, IRINJALAKUDA, TRISSUR DISTRICT- 680 121.

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ADDITIONAL R2 TO R4 ARE IMPLEADED AS PER ORDER DATED 20.01.2016 IN I.A.NO.639 OF 2016.

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R1 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL R2 BY ADVS. SRI.K.JAGADEESH

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SMT.V.RENJU

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R3 & R4 BY GOVERNMENT PLEADER SRI.MANOJ KUNJACHAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 1216 of 2016 (B)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXHIBIT P1: TRUE COPY OF THE CERTIFICATE ISSUED BY THE KINDER GARDEN SCHOOL TO THE PETITIONER.

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EXHIBIT P2: TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE DATED 03-05-2010 ISSUED BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA TO THE PETITIONER.

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EXHIBIT P3: TRUE COPY OF THE CERTIFICATE DATED 15-05-2012 ISSUED BY THE SECRETARY, BOARD OF HIGHER SECONDARY EXAMINATIONS, KERALA TO THE PETITIONER.

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EXHIBIT P4: TRUE COPY OF THE RATION CARD SHOWING THE NAME OF THE PETITIONER.

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EXHIBIT P5: TRUE COPY OF THE VOTERS IDENTITY CARD ISSUED BY THE ELECTION COMMISSION OF INDIA TO THE PETITIONER.

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EXHIBIT P6: TRUE COPY OF THE AADHAR CARD ISSUED BY THE GOVERNMENT OF INDIA TO THE PETITIONER.

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EXHIBIT P7: TRUE COPY OF THE CERTIFICATE OF MARRIAGE UNDER THE KERALA REGISTRATION OF MARRIAGE (COMMON) RULES TO THE PETITIONER.

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EXHIBIT P8: TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE PETITIONER'S HUSBAND MR.SUJITH M.M.

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EXHIBIT P9: TRUE COPY OF THE CHALLAN EVIDENCING THE PAYMENT OF THE FEES FOR THE APPLICATION FOR THE PASSPORT.

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EXHIBIT P10: TRUE COPY OF THE ACKNOWLEDGEMENT LETTER ISSUED BY THE RESPONDENT.

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EXHIBIT P11: TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE PETITIONER.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.A.TO JUDGE.

Msd.

A.MUHAMED MUSTAQUE, J.

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================== W.P.(C).No. 1216 of 2016

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==================

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Dated this the 23^rd day of February, 2016

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The petitioner is an orphan, brought up by one Mr. V.V Ramachandran and his wife Sobhana M.S. The whereabouts of the parents of the petitioner are not known. The petitioner is unable to obtain a passport for want of birth certificate and she is in dilemma now. The petitioner is admittedly born after 1989. Therefore as per the passport manual, birth certificate issued by the local authority is necessary to process the application for passport.

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The 2^nd respondent Registrar of Birth and Deaths, Poomangalam Grama Panchayath has filed a counter statement. In para 3 of the counter, it is stated as follows:

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“It is submitted that the name of the petitioner is not registered under the provisions of Registration of Births and Deaths Act, 1969. There were no application submitted for that purpose. Under Section 149(2) of the Motor Vehicles Act.13(3) of the said Act, a birth which has not been registered within one year, can be registered only on an order made by the Magistrate of the First Class (Revenue Divisional Officer) after verifying the correctness of the same.”

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W.P.(C).No. 1216 of 2016 - : 2 :-

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Considering the facts that the petitioner's

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whereabouts are not known to anyone, this Court is of the view that the Revenue Divisional Officer shall pass an order within one month from the date of receipt of the copy of this judgment and direct the 2^nd respondent to register the birth in accordance with S.S.L.C certificate. It is made celar that no other proof shall be insisted by the RDO. Thereafter the Registrar of Birth shall register the birth based on the orders of the RDO within a further period of two weeks. The petitioner shall make available S.S.L.C book and other relevant documents before the RDO along with her application.

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The writ petition is disposed of, as above.

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sd/-

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sab

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A.MUHAMED MUSTAQUE, JUDGE

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W.P.(C).No. 1216 of 2016 - : 3 :-

Karthika Ramachandran v. Regional Passport Officer

Case brief

What is this about?

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Karthika Ramachandran v. Regional Passport Officer

Case brief

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