IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 WP(C).No. 28954 of 2009(L) ------------------------------------- PETITIONER: ------------------ JASNA V.V., D/O.KOYAKKUTTY, AGED 19, RESIDING AT KALLIDUKKIL HOUSE, KODUVALLY P.O., KODUVALLY VILLAGE, KOZHIKODE TALUK AND KOZHIKODE DISTRICT. BY ADV. SRI.E.NARAYANAN RESPONDENTS: --------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REGISTRATION OF BIRTHS AND DEATHS, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF BIRTHS AND DEATHS, CORPORATION OF CALICUT. ADDL.R3 THE CHIEF MEDICAL OFFICER, NIRMALA HOSPITAL, VELLIMADUKUNNU, KOZHIKODE, PIN 673012. (ADDL.R3 IS IMPLEADED VIDE ORDER DATED 4.11.2009 IN I.A.NO.13566/2009) SRI.P.NARAYANAN, GOVERNMENT PLEADER FOR R1. ADV. SRI.K.D.BABU,SC,KOZHIKODE CORPORATION FOR R2 SRI.TOM K.THOMAS FOR ADDL.R3. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ....................... W.P.(C).28954/2009 ....................... Dated this the 18th day of December, 2009 JUDGMENT Heard Sri.E.Narayanan, the learned counsel appearing for the petitioner Sri.K.D.Babu, the learned standing counsel for the Kozhikode Corporation, Sri.Tom.K.Thomas, the learned counsel appearing for the additional third respondent. 2. The petitioner is the daughter of Sri.V.V.Koyakutty and Smt.Nafeesa. The marriage between the petitioner and Sri.Muhammed Basheer was solemnized on 7.5.2009. The petitioner's husband is employed abroad. With a view to apply for a passport, the petitioner applied to the second respondent for an extract from the register of births. When the certified extract was issued, it was stated therein that the child born to the petitioner's parents on 21.5.1990 was a male child. Realising the mistake, the petitioner filed an application before the second respondent to correct the mistake in the register of births. The said application was supported by Ext.P3 certificate issued by the Village Officer, Koduvally W.P.(C) No. 28954/2009 2 Village wherein it was certified that the petitioner is the daughter of Sri.Koyakutty and Smt.Nafeesa. The petitioner had also enclosed Ext.P5 certificate issued by the President of Koduvally Grama Panchayat. The second respondent however declined to correct the entries in the register of births on the ground that the information furnished by the authorities of Nirmala Hospital was that the child born on 21.5.1990 to Sri.Koyakutty and Smt.Nafeesa is a male child. The said decision was communicated to the petitioner by Ext.P6 memo dated 29.9.2000. In this writ petition, the petitioner challenges Ext.P6 and seeks a direction to the second respondent to correct her gender as female instead of male in the register of births and to issue a certified extract from the register of births to her expeditiously. The petitioner contends that every public authority has got the inherent power to correct mistakes and that instead of rejecting her application for correction of her gender in the register of births, the second respondent ought to have conducted an enquiry and ascertained whether the report submitted by the hospital authorities regarding the gender of the child born to W.P.(C) No. 28954/2009 3 Sri.Koyakutty and Smt.Nafeesa on 21.5.1990 is a mistake. 3. The learned Government Pleader submits that the Police have after enquiry ascertained that the petitioner is the girl child born to her parents, that she is the eldest among their children and that she has two younger brothers aged 14 years and 9 years respectively. From the said submission, it is evident that the child born to the petitioner's parents on 21.5.1990 is a girl child. Therefore statement in the register maintained by the hospital authorities and in the report furnished by them to the Registrar of Births and Deaths and the consequent entry in the birth register that the child born to Sri.Koyakutty and Smt.Nafeesa on 21.5.1990 is a male child can only be erroneous. In such circumstances, I direct the second respondent to correct the birth register maintained by him by describing the child born to Sri.Koyakutty and Smt.Nafeesa at Nirmala Hospital on 21.5.1990 as a girl child. Necessary steps in that regard shall be taken within two weeks from the date on which the petitioner produces a certified copy of this judgment before the said officer. The second respondent shall thereafter issue an extract from the W.P.(C) No. 28954/2009 4 register of births to the petitioner on the petitioner paying the requisite fee and submitting an application for the same. The second respondent shall also note in the register that the correction has been carried out pursuant to the direction issued by this Court in this writ petition. P.N.RAVINDRAN, Judge mrcs