IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 WP(C).No. 31425 of 2009(W) ----------------------------------------- PETITIONER(S): ------------------------- SARISHA.P.S., W/O.KANNAN, VILLUPARAMBIL HOUSE, PERINJANAM, KODUNGALLUR. BY ADVS. MR.M.SHAJU PURUSHOTHAMAN, MR.K.S.RAJESH. RESPONDENT(S): --------------------------- 1. ERIYAD GRAMA PANCHAYAT REP.BY ITS SECRETARY, ERIYAD, KODUNGALLUR. 2. THE SECRETARY AND REGISTRAR OF BIRTH AND DEATHS AND MARRIAGES, ERIYAD GRAMA PANCHAYAT. *ADDL.R3 IS IMPLEADED: R3. THE SECRETARY TO LOCAL SELF GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. (*ADDL.R3 IS IMPLEADED AS PER ORDER DTD. 17/11/2009 IN IN I.A.NO.14285/09) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.31425/2009 W APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT DTD. 25/09/2009. P2: COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DTD. 26/10/2009. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.31425 of 2009-W = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 3rd day of December, 2009. JUDGMENT The petitioner states that she is the wife of Kannan and both of them were present before the Secretary of the first respondent when they submitted an application for registration of their marriage under the Kerala Registration of Marriages (Common) Rules, 2008. That both of them were present before the Secretary is not disputed by the Panchayat when specific query in that regard was asked by the Court to the learned counsel appearing for it. All that remains is that there are certain defects in the application. The personal presence of the petitioner and her husband for registration of the marriage would not be any more required in that case unless the registering officer has doubt about their identity. No such doubt was WPC31425/09 -: 2 :- raised when they appeared. Therefore, the Secretary of the first respondent is directed to take up the petitioner's application, allow the defects to be cured and consider it for registration in accordance with law. Let that be done within one month from the date of receipt of a copy of this judgment. The writ petition ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/0412