Partly allowed

Muhammed Shakeer.M v. the District Collector, Malappuram

Kerala HC30 Oct 2018WP(C)/4222/2018

Case brief

AI extract

What is this about?

This writ petition challenged the rejection of an application for 'one and the same certificate' by the Village Officer due to discrepancies in date of birth and address in records. The High Court directed the authority to consider the application upon submission of all supporting documents and pass orders within three weeks.

What did the court decide?

Direction to the 2nd respondent to consider Ext.P6 upon receipt of all supporting documents and pass orders within three weeks after hearing the petitioner.

Muhammed Shakeer.M Vs the District… — Constitutional and Fundamental Rights | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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TUESDAY ,THE 30TH DAY OF OCTOBER 2018 / 8TH KARTHIKA, 1940

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WP(C).No. 4222 of 2018

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PETITIONER/S:

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MUHAMMED SHAKEER.M., AGED 32 YEARS, S/O.KUNHI MOHAMMED, AYINGHANARI HOUSE, VELLAYIPEDAM, VELIMUKKU P.O.,PIN-676 317, MALAPPURAM DISTRICT.

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BY ADVS. SRI.K.K.SAIDALAVI SRI.PRATHEESH.P

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RESPONDENT/S:

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1 THE DISTRICT COLLECTOR, MALAPPURAM - 676001

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2 THE VILLAGE OFFICER MOONNIYOOR, MALAPPURAM DISTRICT - 676301

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BY GOVERNMENT PLEADER SMT.B.VINITHA

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OTHER PRESENT:

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 4222 of 2018 2

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JUDGMENT

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The petitioner has approached this Court seeking the following

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prayers:-

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i) Issue a writ of certiorari or any other appropriate writ, order or direction to call for the records relating to Ext.P6 and quashing the decision of 2^nd respondent rejecting the above application.

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ii) to issue a writ in the nature of mandamus or such other appropriate writ, order or direction directing the 2^nd respondent to consider Ext.P6 application filed by the petitioner for issuing 'one and the same' certificate.

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Heard learned counsel for the petitioner and the learned Government Pleader.

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The learned counsel for the petitioner submits that Ext.P6 application for one and the same certificate is liable to be considered by the Village Officer in accordance with law.

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A statement has been placed on record by the 2^nd respondent in which it is stated as follows:-

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“ As per the birth certificate produced by the petitioner, name of the petitioner is entered as Muhammed Ali and the address is Chathankandan House, PO Chettippadi. The date of birth is 30.05.1986. Name as Muhammed Shakeer M. and address is Azhikkunari House, Velimukku P.O, Malappuram in the SSL Book. As per the Adhar Card and Election ID Card the address is entered as Ayinganari House, Moonniyur, Velimukku,

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WP(C).No. 4222 of 2018 3

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Malappuram District. Hence the date of birth and address was seen as different in the documents produced by the petitioner and the petitioner failed to prove the same and the 2^nd respondent rejected the application for 'One and the Same Certificate”.

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It is further submitted that if the petitioner approaches the 2^nd respondent with all relevant documents, the application will be considered on merits and orders passed thereon.

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In the above view of the matter, there will be a direction that in case the petitioner approaches the 2^nd respondent with copies of all documents which he relies on in support of Ext.P6 application, Ext.P6 will be taken up, considered and orders passed thereon after hearing the petitioner also. Orders shall be passed within a period of three weeks from the date of receipt of a copy of this judgment.

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The petitioner shall produce a copy of the writ petition along with a copy of this judgment before the 2^nd respondent for compliance.

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The writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

rmm

WP(C).No. 4222 of 2018 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE BIRTH CERTIFICATE DATED 06-12-2017 OF THE PETITIONER ISSUED BY THE REGISTRAR OF BIRTH AND DEATH, KOZHIKODE CORPORATION.
EXHIBIT P2	TRUE COPY OF THE SSLC CARD NO.444085 OF THE PETITIONER.
EXHIBIT P3	TRUE COPY OF THE AADHAR CARD NO.250518270435 OF THE PETITIONER.
EXHIBIT P4	TRUE COPY OF THE ELECTION ID CARD NO. CSK2086932 OF THE PETITIONER
EXHIBIT P5	TRUE COPY OF THE PASSPORT NO.M9046375 OF THE PETITIONER.
EXHIBIT P6	TRUE COPY OF THE APPLICATION DATED 07-12- 2017 VIDE NO.32505419 OF THE PETITIONER.
EXHIBIT P6(A)	TRUE COPY OF THE RECEIPT NO.AKS/11001012/2017/6022 DATED 07-12- 2013 ISSUED BY THE VILLAGE OFFICER.

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RESPONDENTS' EXHIBITS:

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NIL

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//True Copy//

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P.A. To Judge

Muhammed Shakeer.M v. the District Collector, Malappuram

Case brief

What is this about?

What did the court decide?

Muhammed Shakeer.M v. the District Collector, Malappuram

Case brief

What is this about?

What did the court decide?

What the court decided

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