IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 26102 of 2007(G) --------------------------------------- PETITIONER: ------------------- KARIMBANAKKAL MOOSAKUTTY, S/O.KUNHIMOIDEEN,THIRUNAVAYA AMSOM, PALLAR DESOM, SOUTH PALLAR, VAIRANKODE P.O., TIRUNAVAYA, TIRUR, TALUK. BY ADV. MR.K.K.MOHAMED RAVUF. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE REVENUE DIVISIONAL OFFICER, TIRUR. 3. KANDARAPARAMBIL KUMARAN, S/O.UNNI, THIRUNAVAYA AMSOM, PALLAR DESOM, VAIRANKODE P.O., THIRUNAVAYA, TIRUR TALUK. 4. KONDARAPARAMBIL SUBRAMANIYAN, S/O.VELAYUDHAN,THIRUNAVAYA AMSOM, PALLAR DESOM, VARIANKODE P.O., THIRUNAVAYA, TIRUR TALUK. R1 & R2 BY GOVT. PLEADER MR. V.T.K. MOHANAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.26102/2007-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RELEVANT PAGE OF THE VOTERS LIST OF WARD NO.9. EXT.P.2: COPY OF THE RELEVANT EXTRACT OF VOTERS LIST OF WARD NO.9. IN TIRUNNAVAYA PANCHAYATH. EXT.P.3: COPY OF THE RELEVANT EXTRACT OF THE VOTERS LIST. EXT.P.4: COPY OF THE SCHOOL ADMISSION REGISTER. EXT.P.5: COPY OF THE CERTIFICATE FROM THE PANCHAYATH. EXT.P.6: COPY OF THE CERTIFICATE. EXT.P.7: COPY OF THE APPLICATION BY THE PETITIONER. EXT.P.8: COPY OF THE APPLICATION. EXT.P.9: COPY OF THE REPORT OF THE RATIONING INSPECTOR. EXT.P.10: COPY OF THE ORDER PASSED BY THE RESPONDENTS ISSUED BY TALUK SUPPLY OFFICE. EXT.P.11: COPY OF THE COMPLAINT. EXT.P.12: COPY OF THE REPORT OF THE R.D.O. EXT.P.13: COPY OF THE ORDER OF THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 26102 Of 2007 ~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 30th day of March, 2009 JUDGMENT The petitioner is aggrieved by Ext.P13 order passed by the first respondent rejecting Ext.P11 application/complaint preferred by the petitioner objecting to the change of “family name” by the respondents 3 and 4 proclaiming themselves to be not belonging to 'Karimbanakkal family' (the family of the petitioner herein), despite the fact that they admittedly belong to 'Kondaraparambil family' as revealed from Exhibits P2 to P7 and P9. Case of the petitioner is that there is absolutely no provision of law enabling the respondents 3 and 4 to change their family name. The learned Government Pleader submits that there is absolutely no prohibition for changing the name of the family, in so far as no law contemplates or stipulates that a citizen shall have a family name. This Court does not propose to go into the merits of the case, since Ext.P13 order has been passed by the first respondent, turning down Ext.P11 application preferred by the petitioner without giving an opportunity of being heard, thus in violation of the principles of natural justice. 2. In the above facts and circumstances, the first respondent is hereby directed to reconsider Ext.P11 application preferred by the petitioner, giving an opportunity of hearing to him and also to the others WPC 26102 of 2007 : 2 : concerned including the third and fourth respondents. Appropriate order shall be passed on Ext.P11 as expeditiously as possible, at any rate within a period of four months from the date of receipt of copy of this judgment. Ext.P13 order impugned in the above writ petition is set aside to facilitate the reconsideration of the matter as above. Writ petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd