Disposed

V.V. Kunju Mol @ Kunjupennu v. State of Kerala

Kerala HC1 Oct 2021WP(C)/20866/2021

Case brief

AI extract

What is this about?

This petition challenges the issuance of a relationship certificate without including the petitioner's name. The court directed the second respondent to provide the petitioner a chance to produce documents supporting her marriage claim before granting the certificate.

What did the court decide?

Directions to the second respondent to afford the petitioner an opportunity to make available documents in her possession supporting her claim that she is the wife of late P.P. Gopalan.

V.V. Kunju Mol @ Kunjupennu Vs State of… — Constitutional and Fundamental Rights | Kerala HC (2021)

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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 P.B.SURESH KUMAR

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FRIDAY, THE 1^ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943 WP(C) NO. 20866 OF 2021

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PETITIONER/S:

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V.V. KUNJU MOL @ KUNJUPENNU

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AGED 79 YEARS, W/O. LATE P.P.GOPALAN, PARITHAMOLATH, VADACODE P.O., KANGARAPPADY, THRIKKAKARA NORTH (PART), KAKKANAD, ERNAKULAM-682 021, NOW RESIDING AT OLLIKUZHIVEEDU, VADACODE, VADACODE P.O., KANGARAPPADY, THRIKKAKARA NORTH (PART), KAKKANAD, ERNAKULAM-682 021.

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BY ADV SRI.PRAISHEEL PRAKASAM

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO THE GOVERNMENT, DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

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2 THE THASILDAR KANNAYANNUR TALUK, ERNAKULAM -682 011

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3 P.G.PRASAD, S/O. LATE P.P.GOPALAN, PARITHAMOLATH, VADACODE P.O., KANGARAPPADY, THRIKKAKARA NORTH (PART), KAKKANAD, ERNAKULAM-682 021

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BY SMT.B.VINITHA, SR.GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.20866 of 2021

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..2..

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W.P.(C)No.20866 of 2021

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J U D G M E N T

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Petitioner is stated to be the wife of late P.P.Gopalan who was earlier married to another lady. It is stated that the marriage of the petitioner was solemnised on 12.06.1976. The husband of the petitioner died on 06.05.2011. On the death of the husband of the petitioner, his son in the earlier marriage, the third respondent preferred an application before the second respondent for a relationship certificate in respect of late P.P.Gopalan. In the said proceedings, the second respondent has called upon the petitioner to produce documents showing that her marriage with late P.P.Gopalan is valid. Ext.P7 is the communication issued by the second

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W.P.(C) No.20866 of 2021 ..3..

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respondent in this regard to the petitioner. The case of the petitioner is that it was revealed to the second respondent in the enquiry conducted by him on the application preferred by the third respondent that the petitioner is the wife of late P.P.Gopalan, and Ext.P7 communication has been issued maliciously with a view to issue relationship certificate sought by the third respondent without indicating the name of the petitioner as the wife of the deceased. The petitioner, therefore seeks directions to the second respondent to afford her an opportunity to produce documents to substantiate her claim that she is the wife of late P.P.Gopalan.

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Heard the learned counsel for the petitioner.

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Having regard to the facts and circumstances

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of the case, the writ petition is disposed of directing the second respondent to afford to the petitioner an opportunity to make available the documents in her possession in support of her

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W.P.(C) No.20866 of 2021

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claim that she is the wife of late P.P.Gopalan. Needless to say, the relationship certificate sought by the third respondent shall be granted only after considering the documents, if any, produced by the petitioner.

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Sd/- P.B.SURESH KUMAR, JUDGE

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rkj

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W.P.(C) No.20866 of 2021

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..5..

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE DEATH CERTIFICATE Exhibit P2 TRUE COPY OF THE NOTICE DATED NIL Exhibit P3 TRUE COPY OF THE RATION CARD NO.234760 Exhibit P3A TRUE COPY OF THE RATION CARD NO.1734012939 Exhibit P4 TRUE COPY EXTRACT FROM E-SERVICESRATION CARD NO.1734012939 Exhibit P5 TRUE COPY OF AADHAR CARD NO.4064 6852 8488 Exhibit P6 TRUE COPY ELETORAL IDENTITY CARD NO.KL/11/076/267025 Exhibit P7 TRUE COPY OF LETTER DATED 15.04.2021 Exhibit P8 TRUE COPY OF THE ONE AND THE SAME CERTIFICATE Exhibit P9 TRUE COPY EXTRACT FROM E-SERVICERATION CARD NO.1734012939 BY ALLOTTING RATION

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Exhibit P10 TRUE COPY OF THE PENSION PAYMENT SLIP

V.V. Kunju Mol @ Kunjupennu v. State of Kerala

Case brief

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V.V. Kunju Mol @ Kunjupennu v. State of Kerala

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