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2022 Supreme(Ker) 1037

S. MANIKUMAR, SHAJI P. CHALY
Libin Augustine, S/o. K. T. Augustine – Appellant
Versus
Corporation of Kochi, Represented by its Secretary, Ernakulam – Respondent


Advocates Appeared:
For the Appellant : S. Prasanth (Ayyappankavu), Varsha Bhaskar, Thressy Thomas, Anupama Sibi.
For the Respondent: V.P. Rejitha (Puzhakkalidom), Sri. K.P. Harish, Sr. Government Pleader.

JUDGMENT :

Shaji P. Chaly, J.

The second petitioner in W.P.(C) No. 12086 of 2021 has filed this appeal challenging the judgment of the learned single Judge dated 02.11.2021 dismissing the writ petition along with W.P.(C) No. 4159 of 2021 holding that the appellant is not entitled to the following reliefs sought for in the writ petition :

    (1) To issue a writ of mandamus or any other appropriate writ or order directing respondents to issue death certificate of Sri. K.T. Augustine to the petitioners considering the date of death as 24.07.2003.

(2) Call for records leading to Ext. P7 reply and set aside the same.

2. In fact, W.A. No. 1727 of 2021 filed by the petitioner in W.P.(C) No. 4159 of 2021 was dismissed by this Court on 2nd February, 2022 upholding the judgment of the learned single Judge.

3. Material contentions raised in the instant appeal and the appeal dismissed by us as specified above are materially one and the same, except the fact that the appellant in W.A. No. 1727 of 2021 had filed a suit, O.S. No. 298 of 2014, before a competent civil court to declare the civil death of his father Sri. P.I. George and the same was declined by the trial court. However, the trial court order

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