KERALA STATE CONSUMER DISPUTES REDRESSAL 

     COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

          FIRST APPEAL:663/2009

                              JUDGMENT DATED:01..02..2010

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                :  PRESIDENT

The Secretary,

Nedumkandam Grama Panchayat,                    : APPELLANT

Nedumkandam, Idukki District.

(By Adv: M/s P.G.Aravind & M.Vysakh)

                   Vs.

Elsamma Jose,

Thakidiyel Veedu,

Mavadi.P.O,                                                        : RESPONDENT

Nedumkandam, Idukki District.

PIN 685 553.

                                      JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU:  PRESIDENT

The appellant is the opposite party/Secretary, Nedumkandam Grama Panchayat in CC:165/09 in the CDRF, Idukki.  The appellant is under orders to issue the birth certificate of the daughter of the complainant.

2. The case of the opposite party is that the relevant register of birth for the period has been destroyed and hence they are not in a position to issue the birth certificate.

3. It is the case of the complainant that their daughter was born on 17..7..1990 at Community Health Centre, Nedumkandam.

4. The counsel for the appellant has contended that the appellant did not get an opportunity to contest the matter and that the proper procedure for the complainant is to approach the Sub Divisional Magistrate and on the direction of the Sub Divisional Magistrate the birth certificate can be issued.

5. We find that the contention of the appellant is without any logic. It appears that the stand of the appellant is that they will obey only the order of the Sub Divisional Magistrate.  We find that there is no scope for admitting the appeal.

In the result the appeal is dimissed in-limine.

The copy of this order will be forwarded to the Forum.

JUSTICE SHRI.K.R.UDAYABHANU:  PRESIDENT

VL.