IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 WA.No. 768 of 2007() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.523/2007 Dated 18/01/2007 .................... APPELLANT/ RESPONDENT NO.1 ------------------------------------------------- REGISTRAR OF BIRTHS AND DEATHS, SPECIAL GRADE SECRETARY, MALAYALAPUZHA PANCHAYAT, MALAYALAPUZHA THAZHAM P.O., PATHANAMTHITTA-689 666. BY ADV. SRI.M.V.BOSE RESPONDENT(S): (PETITIONER AND RESPONDENTS 2 AND 3) ----------------------------------------------------------------------------------------- 1. SHILY MOLE KATTIMOOTTIL JACOB, (SHILY MOLE EJ.), 32 YEARS, D/O. E.V.JACOB, EATTIMOOTTIL HOUSE, VETTOOR P.O., PATHANAMTHITTA DISTRICT, NOW WORKING AT AL-SABAH HOSPITAL, SAFAT, KUWAIT, REP. BY HER FATHER AND POWER OF ATTORNEY HOLDER E.V.JACOB, S/O.CHACKO VARGHESE, EATTIMOOTTIL HOUSE, VETTOOR P.O, PATHANAMTHITTA DISTRICT. 2. MALAYALAPUZHA GRAMA PANCHAYATH, REP. BY ITS SECRETARY, MALAYALAPUZHA THAZHAM P.O., PATHANAMTHITTA-689 666. 3. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, KERALA GOVERNMENT SECRETARIAT, TRIVANDRUM. ADV. SRI.V.PHILIP MATHEW FOR R1 SRI.S.MUHAMMED HANEEFF FOR R2 SRI.R.KRISHNAKUMAR (CHERTHALA) FOR R2 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 03/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.CHELAMESWAR, C.J. & ANTONY DOMINIC, J. =============================== W.A. NO. 768 OF 2007 =================== Dated this the 3rd day of June, 2011 J U D G M E N T Antony Dominic, J. 1st respondent filed writ petition seeking a direction to the appellant to correct her name as Shily Mole Eattimoottil Jacob and date of birth as contained in Ext.P3 passport in the Register of Births and Deaths maintained by the appellant. According to the respondent, while her name in the passport was Shily Mole Eattimoottil Jacob, it was shown as Susamma in the register maintained by the appellant. It was also her grievance that while her date of birth was 20/4/74, it was shown as 22/5/1974 in the register. It was seeking correction to the above, application was made and since orders were not passed, writ petition was filed. By the judgment under appeal, taking note of the fact that since identity of the person whose particulars are recorded in the Panchayat register were not in dispute, learned Judge directed the appellant to correct the name and date of birth of the respondent in line with the name and date of birth contained in the passport. WA No.768/2007 : 2 : It was also directed that a fresh birth certificate shall be issued. 2. Even in the appeal, we do not find that the appellant is raising a dispute on the identity of the respondent. Since it is the specific case of the respondent that there occurred a genuine mistake in the register maintained by the appellant and taking note of the fact that the provisions of Section 15 of the Registration of Births and Deaths Act, 1969 confers power for correction, we do not find anything illegal in the direction issued by the learned Judge. Therefore, we decline to interfere with the judgment. Writ appeal is dismissed. J.CHELAMESWAR CHIEF JUSTICE. ANTONY DOMINIC JUDGE. Rp