Disposed

Jincy C. Mathew v. the Village Officer

Kerala HC26 Jul 2024WP(C)/26785/2024

Case brief

AI extract

What is this about?

Petitioner, married to US citizen and residing in USA, needed Village Officer certificate confirming her marriage per New York marriage certificate for US citizenship. Tahsildar already issued certificate based on Village Officer enquiry. Court directed Village Officer to consider petitioner's application and decide within three weeks.

What did the court decide?

Direction to respondent Village Officer to consider Ext.P5 application and take appropriate decision within three weeks.

Jincy C. Mathew Vs the Village Officer — Kerala HC (2024) — LawSathi Research

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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.M.MANOJ

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FRIDAY, THE 26TH DAY OF JULY 2024 / 4TH SRAVANA, 1946
WP(C) NO. 26785 OF 2024

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PETITIONER/S:

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JINCY C. MATHEW
AGED 31 YEARS
W/O SAFAL DEVASSY,CHAKKALAKKAL HOUSE,
PALLIPPURAM,POYYA,THRISSUR DISTRICT., PIN - 680733
BY ADV P.T.SHEEJISH

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RESPONDENT/S:

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THE VILLAGE OFFICER,
POYYA VILLAGE, POYYA VILLAGE OFFICE, THRISSUR
DISTRICT,, PIN - 680733

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SMT.DEEPA NARAYANAN,SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 26785 OF 2024

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JUDGMENT

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The petitioner got married to an American citizen in the year 2018 and now residing with him in United States of America. Since they were residing together in the United States of America for the last several years, the petitioner decided to apply for American Citizenship. For that purpose, she was directed by the immigrant authority to produce a certificate from the government authorities of India such as Village Officer, certifying that the petitioner is married to her husband as per Ext.P3 marriage certificate issued by the New York State Department of Health and that she does not have any other marriage relations in her locality other than the marriage as per Ext.P3 marriage certificate.

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Accordingly, the petitioner preferred an application before the Tahsildar, Taluk Office, Kodungallur, and Ext.P4 certificate was issued to the petitioner. However, the immigration authorities have specifically required the petitioner to produce a certificate from the jurisdictional Village Officer certifying that the petitioner is married as per Ext.P3 marriage certificate. Under such circumstances, the

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WP(C) NO. 26785 OF 2024

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petitioner preferred Ext.P5 application before the respondent.

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It is further stated that Ext.P4 certificate was issued by the Tahsildar on the strength of an enquiry conducted by the Village Officer. In the light of said certificate, the Village Officer has to consider Ext.P5 application submitted by the petitioner.

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I have heard the learned Counsel for the petitioner as well as the learned Government Pleader for the respondent.

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Considering the limited nature of prayer sought for by the

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writ petitioner, the writ petition is disposed of, directing the respondent to consider Ext.P5 application submitted by the petitioner and take appropriate decision in the matter, within a period of three weeks from the date of receipt of a copy of this judgment.

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The writ petition is disposed of accordingly.

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Sd/-

P.M.MANOJ

JUDGE

27.07.2024

WP(C) NO. 26785 OF 2024

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APPENDIX OF WP(C) 26785/2024

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE RELEVANT PAGES OF THE
PASSPORT OF THE PETITIONER
Exhibit P2TRUE COPY OF THE RELEVANT PAGES OF THE
PASSPORT OF THE PETITIONER'S HUSBAND MR
SAFAL DEVASSY
Exhibit P3TRUE COPY OF THE CERTIFICATE OF
MARRIAGE REGISTRATION DATED 2/10/2018
Exhibit P4TRUE COPY OF THE CERTIFICATE DATED
23.07.2024 ISSUED TO THE PETITIONER
FROMTHEOFFICEOFTAHSILDAR,
KODUNGALLUR
Exhibit P5TRUE COPY OF THE APPLICATION ALONG WITH
POSTALRECEIPTDATED11.07.2024
SUBMITTED BY THE PETITIONER BEFORE THE
RESPONDENT

Jincy C. Mathew v. the Village Officer

Case brief

What is this about?

What did the court decide?

Jincy C. Mathew v. the Village Officer

Case brief

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