Disposed

Anish K. Mathai v. the Secretary

Kerala HC12 Feb 2024WP(C)/781/2024

Case brief

AI extract

What is this about?

Petitioner sought impoundment of passports and restoration of birth certificate name. Court directed Registrar of Births to consider petitioner's representation and decide after issuing notices to affected parties, dispensing with notice to other respondents.

What did the court decide?

Directed the 2nd Respondent to consider Ext.P3 representation and take appropriate decision after issuing notices to affected parties.

Anish K. Mathai Vs the Secretary — Matrimonial and Divorce | Kerala HC (2024)

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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 N.NAGARESH

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MONDAY, THE 12TH DAY OF FEBRUARY 2024 / 23RD MAGHA, 1945
WP(C) NO. 781 OF 2024

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PETITIONER:

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ANISH K. MATHAI
AGED 40 YEARS
S/O K.P. MATHAI, KALLANICKAL ANIL COTTAGE,
PARANTHAL P.O., PANTHALAM, ADOOR TALUK,
PATHANAMTHITTA DISTRICT.,
PIN – 689501

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BY ADVS.
V.N.SANKARJEE
V.N.MADHUSUDANAN
R.UDAYA JYOTHI
M.M.VINOD
M.SUSEELA
KEERTHI B. CHANDRAN
VIJAYAN PILLAI P.K.
C.PURUSHOTHAMAN NAIR
SINEESH K.M.

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RESPONDENTS:

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1THE SECRETARY
MAVELIKKARA MUNICIPALITY, KOTTANADU,
MAVELIKKARA., PIN - 690101

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2 THE REGISTRAR OF BIRTH AND DEATH MAVELIKKARA MUNICIPALITY, KOTTANADU, MAVELIKKARA., PIN - 690101

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3THE MANAGER
ST. JOHN'S HIGHER SECONDARY SCHOOL,
NURSERY AND PRIMARY SCHOOL, PATTICHIRA,
MAVELIKKARA TALUK, ALAPPUZHA DISTRICT.,
PIN - 690103
4THE HEADMASTER
ST. JOHN'S HIGHER SECONDARY SCHOOL,
NURSERY AND PRIMARY SCHOOL, PATTICHIRA,
MAVELIKKARA TALUK, ALAPPUZHA DISTRICT.,

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WP(C) NO.781 OF 2024

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PIN - 690103

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5 THE REGIONAL PASSPORT OFFICER PANAMPILLY NAGAR P.O., ERNAKULAM, KOCHI., PIN - 682036

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6 THE PROTECTOR OF EMIGRANTS MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA, 5TH FLOOR, NORKA CENTRE, THYCAUD P.O., THIRUVANANTHAPURAM., PIN - 695014

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7 THE EMIGRANTS OFFICER COCHIN, GROUND FLOOR, RPO BUILDING, PANAMPILLY NAGAR, ERNAKULAM.,

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PIN - 682036

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8 THE ADMINISTRATOR V.S.M. HOSPITAL, THATTARAMBALAM P.O., MAVELIKKARA., PIN - 690103

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9 AJI GEORGE AGED 37 YEARS W/O CHERIAN MATHEW OOMMEN, THAYYIL G VILLA, EREZHA NORTH, CHETTIKULANGARA P.O., MAVELIKKARA TALUK, ALAPPUZHA DISTRICT., PIN - 690106

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10 THE DISTRICT POLICE CHIEF ALAPPUZHA, CIVIL STATION WARD, ALAPPUZHA DISTRICT., PIN - 688012

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11 THE STATION HOUSE OFFICER MAVEIKKARA POLICE STATION, MAVELIKKARA, ALAPPUZHA DISTRICT., PIN – 690101

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By ADVS.
RENJITH KUMAR V-R1 & R2
MINI GOPINATH -CGC .
SRI.S.GOPINATHAN-SR.GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) NO.781 OF 2024 3

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JUDGMENT

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Dated this the 12^th day of February, 2024

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The petitioner, who is the husband of the 9^th respondent, has filed this writ petition seeking to direct the 5^th respondent to impound, suspend, revoke or withhold the Indian Passports bearing Nos.U2397247, U2402367 and U2400611 of the 9^th respondent, the petitioner’s minor daughter and son respectively. The petitioner also seeks to direct respondents 7 and 8 not to allow the 9^th respondent, the petitioner’s minor daughter and the petitioner’s minor son, having Indian Passports, to leave India.

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The petitioner states that the marriage between the petitioner and the 9^th respondent was solemnised on 11.07.2011. Ext.P1 is Birth Certificate of the petitioner’s minor daughter ‘Alina Lisa Anish’. The birth was registered

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WP(C) NO.781 OF 2024

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4

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by the 2^nd respondent on 14.10.2014. Subsequently in the year 2019, the petitioner and the 9^th respondent got legal separation. The petitioner obtained Ext.P2 Birth Certificate from the 2^nd respondent in the year 2023 and submitted Ext.P3 application to the 2^nd respondent and Ext.P4 application to respondents 3 and 4 to restore the name of daughter. Ext.P5 Lawyer Notice was also issued to the 4^th respondent. However, the complaint of the petitioner is not being considered. It is in such circumstances that the petitioner is before this Court.

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Going through the pleadings in the writ petition, it is seen that the allegation of the petitioner is that the 9^th respondent has committed forgery and got the petitioner’s minor daughter’s name changed in Ext.P1 Birth Certificate. In relation to this incident, Ext.P8 crime has been registered against the 9^th respondent. In the circumstances, the petitioner contends that it is necessary to direct respondent

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WP(C) NO.781 OF 2024

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5

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1 and 2 to restore the original position of the Birth Certificate as seen in Ext.P1 by cancelling or deleting the changed name of the petitioner’s daughter.

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I have heard the learned counsel for the petitioner, the learned Standing Counsel representing respondents 1 and 2, the learned Deputy Solicitor General of India representing respondents 5 to 7 and the learned Government Pleader representing respondents 10 and 11. In view of the nature of the relief to be granted in this writ petition, notice to other respondents is dispensed with.

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The allegation of the petitioner is that the 9^th respondent has caused change in the Birth Certificate of the petitioner’s daughter, as per Ext.P2. The original name ‘Alina Lisa Anish’ now stands changed to ‘Aleena Aji George’. The petitioner states that change has been made forging the signature of the petitioner. The petitioner has filed a complaint to the 2^nd respondent in this regard as per

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WP(C) NO.781 OF 2024

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Ext.P3. As the dispute involved is in respect of a certificate issued by the 2^nd respondent, it would be only appropriate that the 2^nd respondent considers the complaint.

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The writ petition is therefore disposed of directing the 2^nd respondent-Registrar of Birth and Death to consider Ext.P3 representation submitted by the petitioner and take appropriate decision thereon, after issuing notice to affected parties, if found necessary.

Sd/-

N.NAGARESH

JUDGE

hmh

WP(C) NO.781 OF 2024

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APPENDIX OF WP(C) 781/2024

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PETITIONER EXHIBITS

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Exhibit P-1TRUE COPY OF THE BIRTH CERTIFICATE
DATED 25.8.2015 ISSUED BY THE 2ND
RESPONDENT

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`Exhibit P-2`	`TRUE COPY OF THE BIRTH CERTIFICATE` `DATED 7.12.2023 OBTAINED FROM THE SITE` `OF THE 2ND RESPONDENT.`
`Exhibit P-3`	`TRUE COPY OF THE PETITIONER'S` `APPLICATION DATED 8.12.2023 SUBMITTED` `BEFORE THE 2ND RESPONDENT TOGETHER` `WITH ITS RECEIPT NO. 14596 DATED` `8.12.2023`
`Exhibit P-4`	`TRUE COPY OF THE PETITIONER'S` `APPLICATION DATED 8.12.2023 SUBMITTED` `BEFORE THE 3RD AND 4TH RESPONDENTS`
`Exhibit P-5`	`TRUE COPY OF THE LAWYER NOTICE DATED` `15.12.20023 WITH POSTAL RECEIPT`
`Exhibit P-6`	`TRUE COPY OF THE PETITIONER'S` `COMPLAINT DATED 19.12.2023 LODGED` `BEFORE THE MAVELIKKARA POLICE STATION` `TOGETHER WITH THE RECEIPT DATED` `19.12.2023 WITH APPLICATION NO.` `15281032-2023-5-00907`
`Exhibit P-7`	`TRUE COPY OF THE PETITIONER'S` `COMPLAINT DATED 26.12.2023 IN C.M.P.` `NO. 4933/2023 BEFORE THE JUDICIAL` `FIRST CLASS MAGISTRATE, MAVELIKKARA`
`Exhibit P- 8`	`TRUE COPY OF THE FIRST INFORMATION` `REPORT NO. 5/2024 DATED 1.1.2024 OF` `THE 11TH RESPONDENT`
`Exhibit P-9`	`TRUE COPY OF REPRESENTATION DATED` `4.1.2024 SUBMITTED BY THE PETITIONER` `BEFORE THE 5TH RESPONDENT WITH EMAIL` `DETAILS`
`Exhibit P-10`	`TRUE COPY OF THE REPRESENTATION DATED` `4.1.2024 SUBMITTED BY THE PETITIONER` `TO THE 6TH AND 7TH RESPONDENT TOGETHER` `WITH E-MAIL PARTICULARS`

Anish K. Mathai v. the Secretary

Case brief

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Anish K. Mathai v. the Secretary

Case brief

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