IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 WP(C).No. 24589 of 2008(B) -------- -------------------------- PETITIONERS ------------------- 1. TOJO VARGHESE, S/O.P.T.VARGHESE, 31 YEARS, PARAYIL HOUSE, ELOOR EAST, ELOOR VILLAGE UDYOGAMANDAL POST, ERNAKULAM. 2. FERNANDEZ AGNES CHERYL D/O.VICTOR FERNANDEZ 24 YEARS PEARLY SHELL, PALLIKAVU TEMPLE ROAD VADUTHALA POST, CHRANALLOORE VILLAGE ERNAKULAM. BY ADV. SRI.JOSE TOM C. KANDATHIL RESPONDENTS: ---------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, LAW DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM. 2. SUB DIVISIONAL MAGISTRATE, FORT KOCHI, ERNAKULAM. BY GOVERNMENT PLEADER SRI. I.V. PREMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P(C)No.24589 of 2008 ================== Dated this the 14th day of August, 2008. J U D G M E N T The petitioners are desirous of having their marriage solemnized and registered under the Cochin Christian Civil Marriage Act, 1095. The petitioners have submitted Ext.P1 notice of marriage. Their grievance is that the 2nd respondent, who is presently exercising the functions of the marriage officer under the Act, is not accepting the notice and processing the same in accordance with the Act. The petitioners therefore seek the following relief: “Issue a writ of mandamus, order or direction in the nature thereof directing the second respondent to accept Exhibit P1 notice tendered by the petitioners and to register their marriage under the Cochin Christian Civil Marriage Act and issue certificate of marriage to them accordingly.” 2. I have heard the learned Government Pleader appearing for the respondents also. This Court has already held that residents of the erstwhile Cochin area can still get their marriage W.P(C)No.24589 of 2008 - 2 - solemnized and registered under the Cochin Christian Civil Marriage Act. Therefore, the 2nd respondent has a duty to accept Ext.P1 notice submitted by the petitioners and to process the same in accordance with the Cochin Christian Civil Marriage Act. Therefore, I dispose of this writ petition with a direction to the 2nd respondent to accept the original of Ext.P1 notice and to process the same in accordance with provisions of the Cochin Christian Civil Marriage Act, as expeditiously as possible, at any rate, within seven days from the date of receipt of a copy of this judgment. S.SIRI JAGAN, JUDGE rhs