UMMU KULSOOM Vs. MAYYANAD GRAMA PANCHAYATH

JUDGEMENT

(1.) The 1st petitioner is the daughter of the 2nd and 3rd petitioners. The petitioners are the residents of Kottarakara at Kollam District. The case of the petitioners is that, when the 3rd petitioner, visited the residence of one of her relatives, who was residing in Ward No.7 of 1st respondent Grama Panchayath, she gave birth to a child, the 1st petitioner herein, before the 3rd respondent could be taken to the hospital and without any medical assistance. Therefore, the 2nd petitioner intimated the fact of birth of the 1st petitioner to the 2nd respondent, the Secretary to the 1st respondent Panchayath as evidenced by the Ext.P2, and requested for issuance of a birth certificate. However, the said application was rejected by the 2nd respondent as per Ext.P3 order on the reason that, after an inquiry conducted by the Superintendent, CHC Mayyanad, it was reported that, there is no evidence that the 1st petitioner was born in the House No.169 within the jurisdiction of Ward No.7 of the 1st respondent Panchayath as claimed by the petitioners and the petitioners are also not residing within the residence referred above. This writ petition is submitted by the petitioners in such circumstances seeking the following reliefs:-

(2.) A counter affidavit was filed by the 1st and 2nd respondents wherein they have reiterated the contents of Ext.P4. The respondents also produced a report of the Superintendent CHC Mayyanad wherein it is reported that, in his inquiry, he could not collect any evidence regarding the birth of 1st petitioner in the residence No. 169 in Ward No.7 of Mayannad Grama Panchayath. The 3rd respondent Municipality also filed a statement stating that no document are available with them regarding the registration of birth of the 1st petitioner.

(3.) I have heard Smt. S.K.Adhithyan, the learned counsel for the petitioner, Sri M.R Sasith the learned standing counsel appearing for the 1st and 2nd respondents and Sri.M.K. Chandramohan Das the learned standing counsel appearing for the 3rd respondent.