IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WP(C).No. 29602 of 2011(A) ----------------------------------- PETITIONER: ------------------ P.V.SUDHEESH, AGED 40 YEARS, S/O.SUDHAKARAN, PANDARAVALAPPIL, P.O.K.PURAM, MALAPPURAM DISTRICT. BY ADV. SRI.NIRMAL. S RESPONDENTS: ---------------------- 1. THE CHIEF REGISTRAR OF BIRTH & DEATHS TRIVANDURM- PIN - 695 001. 2. THE BIRTH AND DEATH REGISTRAR, CORPORATION OF CALICUT, KOZHIKODE, PIN-673 001. GOVT PLEADER SRI MUHAMMED SHAFI. M. FOR R1 ADV. SRI K.D. BABU, SC FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.29602/2011 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE PCM SCHOLARSHIP CERTIFICATE AWARDED IN THE NAME OF ADITHYA P.V. DT. 24/1/11. EXT.P2 TRUE COPY OF BIRTH CERTIFICATE OF ABHIJITH P.V. DTD. 13/11/2000. EXT.P3 TRUE COPY OF THE BIRTH CERTIFICATE OF ADITHYA P.S. DTD 5/2/2004. EXT.P4 TRUE COPY OF THE RATION CARD ISSUED IN THE NAME OF THE PETITIONER WHICH SHOW THE INITIAL OF THE PETITIONER AS P.V. DT. 18/1/2010. EXT.P5 TRUE COPY OF THE REPRESENTATION LETTER ALONG WITH THE ACKNOWLEDGEMENT DUE DT.16/6/2011 SNT BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P6 TRUE COPY OF THE REPLY LETTER F11/73901/11 DT. 6/7/2011. EXT.P7 TRUE COPY OF THE PASSPORT OF ADITHYA P.V. DT. 19/1/10. TRUE COPY P..S. TO JUDGE. Kcv. HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.29602 OF 2011 ------------------------------- DATED THIS THE 20TH DAY OF DECEMBER, 2011 JUDGMENT Writ petition is filed for a direction commanding respondents 1 and 2 to correct the name of the petitioner's son in the birth certificate issued as 'Adithya P.V.' instead of 'Adithya P.S.' 2. Petitioner is the father of the minor child by name 'Adithya P.V.' Petitioner submits that there is an error in the birth certificate issued in the name of his son. Petitioner submitted a representation to the 2nd respondent for correction of entry in the register of births of his son shown as 'Adithya P.S.' 3. The name of the petitioner's son is shown as 'Adthiya P.V.' as per the school records. Ext.P1 is the copy of the scholarship certificate dated 24/1/2011 awarded in the name of the petitioner's son. Petitioner also produced the birth certificate of his elder son, wherein the name is shown as 'Abijith PV'. P.V. Stands for the petitioner's family name, 'Pandara Valappil'. Copy of the birth certificate of the -2- W.P.(C).No.29602/2011 petitioner's younger son is produced as Ext.P3. 4. Petitioner approached the 2nd respondent by filing a representation for correction of the error in the birth certificate of his younger son. Ext.P5 is the copy of the said representation. Ext.P6 is the communication issued by the 2nd respondent informing the petitioner that since the petitioner's son has already been admitted in the school, it is not possible for whom to correct the error in the birth certificate issued. Petitioner also produced Ext.P7 copy of the passport, wherein the name of the petitioner's son is correctly written as 'Adithya P.V.' 5. The learned counsel for the petitioner pointed out that Section 15 of the Registration of Birth and Deaths Act, 1969, allows the Registrar to correct the wrong entries made in the birth register. The lst respondent has the authority to correct an improper entry made in the birth register and corresponding entry in the birth certificate. 6. This Court had occasion to consider similar question -3- W.P.(C).No.29602/2011 in the decision reported in Shipna Jose v. Registrar (2010 (2) KLT 978). This Court considered similar questions and held that Section 15 of the Registration of Births and Deaths Act, 1969 allows correction or cancellation of entry in the Register of Births and Deaths, that the legal position has now been laid down in the later decision by the Division Bench of this Court reported in Chalakudy Municipality v. Malavika (2009 (4) KLT 714). The Division Bench after considering various aspects laid down the law which reads as follows: “The law does not contemplate a person to have a wrong name in the register or a mistaken identity in the register or to have wrong particulars regarding the date, place etc. in the register of birth or death. It is also to be noted that the Registration of Births and Deaths Act, 1969 does not create or extinguish any right; the Act is intended only to regulate the process and procedures of registration of births and deaths and the correction of any such entry. Once the Act permits such correction either in -4- W.P.(C).No.29602/2011 form or substance, the Rules are intended only to regulate the procedure and not to prohibit such correction.” 7. In the facts and circumstances of the case, Ext.P6 is set aside. The 2nd respondent is directed to consider Ext.P5 representation afresh and allow correction on being satisfied that it requires such a correction. Order shall be passed within a period of one month from the date of receipt of a copy of this judgment. Writ Petition is disposed of as above. HARUN-UL-RASHID, JUDGE. kcv. -5- W.P.(C).No.29602/2011