IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 29TH JULY 2010 / 7TH SRAVANA 1932 WP(C).No. 6265 of 2010(G) ------------------------------- PETITIONERS: ---------------- 1. JAYACHANDRA BABU, AGED 52, S/O.SREEDHARAN, KARTHIKA, KIZHUVILAM, MAMAM, ATTINGAL, TRIVANDRUM. 2. PRAMEELA KUMARI, AGED 41, W/O.JAYACHANDRA BABU, KARHTIKA, KIZHUVILAM, MAMAM, ATTINGAL, TRIVANDRUM. BY MS.M.MADHUBEN, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY, LOCAL ADMINISTRATION DEPARTMENT, TRIVANDRUM. 2. REGISTRAR, BIRTHS & DEATHS, ATTINGAL MUNICIPALITY, ATTINGAL, TRIVANDRUM. BY MR.AYYAPPAN SANKAR, ADVOCATE, FOR R2. MR.G.SURARSHAN, ADVOCATE, FOR R2. MS.N. SUDHA DEVI, GOVERNMENT PLEADER FOR R1. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 6265/2010 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF BIRTH CERTIFICATE ISSUED ON 10.6.97. EXT. P2 : COPY OF EXTRACT OF ADMISSION FROM NHSS, ATTINGAL DTD. 29.1.10. EXT. P3 : COPY OF APPLICATION SUBMITTED BY PETITIONERS ON 30.1.10. EXT. P4 : COPY OF CERTIFICATE ISSUED BY VILLAGE OFFICER DTD. 25.1.10. EXT. P5 : COPY OF JOINT AFFIDAVIT EXECUTED BEFORE THE NOTARY DTD. 27.1.10. EXT. P6 : COPY OF GOVT. ORDER DTD. 21.1.10 No.68413/RD- 3/2009/LAD. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.6265 OF 2010 --------------------------------------- Dated this the 29th day of July, 2010. J U D G M E N T The petitioners are the parents of Prijith J. The child was born on 20.08.1996 at V.V. Clinic, Attingal. The 2nd respondent registered the birth of the child on 30.08.1996. When the Birth Certificate is obtained by the grandfather, the name was shown as 'APPU'. In the school register, the name is shown as 'PRIJITH J'. Accordingly, a correction is now sought in the Birth Register. Evidently, the plea raised is that the name 'APPU' is only a nick name and the real name was not included in the Birth Register. It is in these circumstances, the petitioners have filed this writ petition. 2. Reliance is placed on the decisions of this Court in Girijan vs. Registrar of Births and Deaths (2003 (2) KLT 22) and Varghese vs. Director of Panchayats (2008 (2) KLT 278). The decision of the Division Bench of this Court in Chalakkudy Municipality vs. Malavika (2009 (4) KHC 713) W.P.(C) No.6265/2010 2 is also brought to my notice. Section 15 of the Registration of Births and Deaths Act, 1969 confers ample power on the authority to effect the correction as sought for. Heard the learned counsel for the 2nd respondent also. There will be a direction to the 2nd respondent to consider the application for correction in the light of the findings rendered above and take a decision and communicate the same to the petitioners within a period of one month from the date of receipt of a copy of this judgment. The principles stated by this Court in the various decisions will be gone into by the 2nd respondent while considering the application for correction. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp