IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 WP(C).No. 26174 of 2010(V) -------------------------- PETITIONERS: --------------- 1. P.M.AONTONY, POLAYIL HOUSE, JOSE VILLA, THYCATTUSSERY P.O., CHERTHALA, ALAPPUZHA DISTRICT, PIN688 528. 2. P.J.MARIAKUTTY, POLAYIL HOUSE, JOSE VILLA, THYCATTUSSERY P.O., CHERTHALA, ALAPPUZHA DISTRICT, PIN-688 528. 3. JERRY ANTONY, POLAYIL HOUSE, JOSE VILLA, THYCATTUSSERRY P.O., CHERTHALA, ALAPPUZHA DISTRICT, PIN-688 528. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.S.SHYAM PRASANTH SRI.T.R.SADEESAN RESPONDENT(S): --------------- 1. THE CHEIF REGISTRAR OF BIRTH AND DEATH/ DIRECTOR OF PANCHAYATS, OFFICE OF THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM-695001. 2. THE REGISTRAR OF BIRTH AND DEATH/ SECRETARY, THYCATTUSSERRY GRAMA PANCHAYAT, THYCATTUSSERY P.O., CHERTHALA, ALAPPUZHA DISTRICT, PIN-688 528. BY GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No. 26174 of 2010 ----------------------------------------------------- DATED THIS THE 18th DAY OF AUGUST, 2010 JUDGMENT The 3rd petitioner is the daughter of petitioners 1 and 2. She was born on 6.3.1969 as the 5th child of petitioners of 1 and 2. The child was named as Rose Mary, which according to the petitioners is her pet name. But in the birth certificate the said name has found a place as the real name. While joining the school, the name has been entered as Jerry Antony which is entered in the SSLC book also. In the baptism certificate, both names have found a place. 2. Exhibits P4 and P5 are the certificates issued by the Government RLS HSS, Cherthala and Maharajas College, Ernakulam which show that Rose Mary and Jerry Antony are one and the same person. 3. The petitioners have submitted Exhibit P6 and P7 applications respectively before the 1st and 2nd respondents for correction of the name of the 3rd petitioner in terms of Exhibits P2 and P3. The 1st respondent as per Exhibit P8 directed the application to be forwarded through the Secretary of the Grama Panchayat. The learned counsel for the petitioner prayed that a direction may be issued to respondents 1 and 2 to take appropriate action in the matter W.P.(C)No.26174/10 -2- in the light of the legal position declared by this Court in Chalakudy Municipality and another v. Malavika and another (ILR 2009 (4) Ker. 591) and Shipna Jose v. Registrar (2010 (2) KLT 978). 4. There will be a direction to the 2nd respondent to forward the application along with the documents to the 1st respondent within a period of two weeks from the date of receipt of a copy of this judgment and thereafter the 1st respondent will take appropriate action as enjoined by law and communicate the decision to the 2nd respondent for enabling the 2nd respondent to consider the application on merits. The same will be done within a period of one month from the date of receipt of the application and documents from the 1st respondent. The petitioner will produce a coy of the Writ Petition along with a copy of the judgment before the 1st respondent for compliance. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn True copy P.A.to Judge