IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 WP(C).No. 24424 of 2008(G) -------------------------- PETITIONERS: ------------ 1. ALEX XAVIER, AGED 26, S/O ALPHIN, THAISSERY HOUSE, MATTOOR, KALADY P.O., ERNAKULAM AND NOW RESIDING AT 18/2159, KOCHUPALLY ROAD, THOPPUMPADY, KOCHI 5. 2. SALITHA VARGHESE, AGED 23, K.P. VARGHESE, KALARKOTT HOUSE, ELAMPAKAPILLY P.O., KOOVAPPADY, PERUMBAVOOR. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF LAW, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICE, FORT KOCHI, COCHIN. BY GOVT. PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 24424 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 13th 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. P2 notice of marriage. Their grievance is that the 2nd respondent, who is presently exercising the functions of the marriage under the Act, is not accepting the notice and processing the same in accordance with the Act. The petitioners therefore seek the following relief: “To issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to accept Ext. P1 and P2 and publish the same for 4 days and if there is no impediments, after the expiry of four days solemnise, and register the marriage of the petitioners and issue a Marriage Certificate in accordance with the provisions of Cochin Christian Civil Marriage Act, 1095.” 2. I have heard the learned Government Pleader appearing for the respondents also. 3. This Court has already held that in respect of persons who are residents of the erstwhile Cochin area can still get their marriage solemnized and registered under the Cochin Christian Civil Marriage Act. Therefore, the 2nd respondent has a duty to accept Ext. P2 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. P2 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. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.