IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 21ST JANUARY 2011 / 1ST MAGHA 1932 WP(C).No. 8857 of 2009(B) ------------------------ PETITIONER : -------------------- REGIN VINNY, AGED 23 YEARS, S/O.VINNY, KALAMBATTEL HOUSE, EROOR SOUTH, TRIPUNITHURA. BY ADVS. SRI.JOSEPH A.VADAKKEL SRI.GEORGE KARITHANAM VARGHESE SRI.V.J.JOHN SRI.JOSE KURIAKOSE (VILANGATTIL) RESPONDENT(S): ------------------------- 1. THE REGISTRAR OF BIRTHS AND DEATHS, MUNICIPAL OFFICE, ANGAMALY. 2. THE CHIEF REGISTRAR, BIRTHS AND DEATHS, STATE OF KERALA, THIRUVANANTHAPURAM. R1 BY ADVS. SRI.P.SANTHALINGAM, SENIOR ADVOCATE SRI.S.SHARAN R2 BY GOVERNMENT PLEADER SRI. K. RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/09/2010, THE COURT ON 21/01/2011 DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 8857 of 2009(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE BIRTH CERTIFICATE DATED 20-04-2004 OF THE PETITIONER. EXT.P2 : COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF THE PETITIONER. EXT.P3 : COPY OF THE ELECTORAL IDENTITY CARD OF THE PETITIONER. EXT.P4 : COPY OF THE FIRST PAGE OF THE PASSPORT OF THE PETITIONER. EXT.P5 : COPY OF THE DRIVING LICENSE OF THE PETITIONER. EXT.P6 : COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 12-2-2009. EXT.P7 : COPY OF THE NOTARIZED AFFIDAVIT OF THE PETITIONER STATING HIS ACTUAL NAME. EXT.P8 : COPY OF THE AFFIDAVIT OF SR. ROSILY P.P. STATING THE ACTUAL NAME OF THE PETITIONER. EXT.P9 : COPY OF THE AFFIDAVIT OF K.P. PRASANNA, PRINCIPAL GOVT. SANSKRIT COLLEGE. EXT.P10 : COPY OF THE LETTER/COMMUNICATION DATED 20-2-2009 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: EXT.R1(a) : COPY OF THE RELEVANT EXTRACT OF THE CIRCULAR NO. B1-2815/2007 DATED 20/3/2007 ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, THIRUVANANTHAPURAM. //TRUE COPY// P.S. TO JUDGE Mn P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.8857 of 2009 ------------------------------- Dated this the 21st day of January, 2011 J U D G M E N T The prayer in the writ petition is for a direction to the first respondent to correct the petitioner's name in the Register of Births as Regin Vinny in the place of “Regin Manual Vinny”. The petitioner states that his real name is Regin Vinny and it was wrongly entered in the Register of Births as Regin Manual Vinny. He relies on Ext.P2 Secondary School Leaving Certificate, Ext.P3 Electoral Identity Card, Ext.P4 Passport and Ext.P5 Driving Licence to contend that the description of his name as Regin Manual Vinny in the Register of Births is erroneous. The petitioner submitted an application before the first respondent for correction of his name in the Register of Births, but the said application was rejected by Ext.P10 order dated 20.2.2009. Ext.P10 is under challenge in this writ petition. The petitioner contends that rejection of his application for correction of name is arbitrary and illegal. 2. The first respondent has filed a counter affidavit wherein relying on Ext.R1(a) circular dated 20.3.2007, it is contended that the petitioner's request for correction of the name was impermissible and was therefore rejected. 3. I heard Sri.Joseph.A.Vadakel, learned counsel W.P.(C) No.8857 of 2009 2 appearing for the petitioner and Sri.S.Sharan, learned standing counsel appearing for the first respondent. It is now well settled by a series of decisions of this Court including the decision of a Division Bench of this Court in Chalakudy Municipality v. Malavika (2009 (4) KLT 714) that the Registrar of Births and Deaths is empowered to correct wrong entries in the Register of Births. The Division Bench after noticing the provisions of the Act and the Rules, held 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 earlier in form or substance, the Rules are intended only to regulate the procedure and not to prohibit such correction.” The petitioner's name was entered in the Register of Births as Regin Manual Vinny on 8.7.1990, on an application made by his parents. The petitioner was admittedly born on 27.3.1986. His name was inserted in the Register of Births only after the birth was registered, W.P.(C) No.8857 of 2009 3 as provided in section 14 of the Registration of Births and Deaths Act 1969 read with rule 11 of the Registration of Births and Deaths Rules, 1970. At that point of time, the petitioner was a minor. It was thereafter that the petitioner was admitted to undergo studies in HailMary English Medium Residential High School where his name was given was Regin Vinny. It was that name that was adopted by the petitioner for all purposes including in his Passport. The first respondent rejected the petitioner's application for correction of his name from Regin Manual Vinny to Regin Vinny on the short ground that the circular dated 20.3.2007 issued by the second respondent stands in the way of the said request being granted. Section 15 of the Registration of Births and Deaths Act 1969 empowers the Registrar to correct any entry in the Register of Births and Deaths, if he is satisfied that the entry is erroneous in form or substance. Such power, in my opinion, cannot be restricted by the directions issued by the Chief Registrar in circular dated 20.3.2007. Rule 12(4) of the Registration of Births and Deaths Rules, 1970, states that if any person asserts that any entry in the register of births and deaths is erroneous in substance, the Registrar may correct the entry in the manner W.P.(C) No.8857 of 2009 4 prescribed under Section 15 upon production by that person a declaration setting forth the nature of the error and the true facts of the case made by two credible persons having knowledge of the facts of the case. It is true that the original entry cannot be deleted. All that the Registrar can do is to make a suitable entry in the margin without altering the original entry if he is satisfied that the original entry is erroneous in form or substance. In such circumstances, as the petitioner asserts that his name is Regin Vinny and not Regin Manuel Vinny, I am of the opinion that the first respondent ought to have directed the petitioner to submit a declaration by his parents setting forth the nature of the error and the true facts of the case. 4. I accordingly allow the writ petition, quash Ext.P10 and direct that in the event of the petitioner submitting a declaration from his parents in the form of an affidavit attested by a notary to the effect that his name is Regin Vinny and not Regin Manuel Vinny, the first respondent shall cause necessary entries to be made in the Register of Births and Deaths to the effect that the name of the petitioner shall stand corrected as Regin Vinny and thereafter issue a certified extract from the corrected Register of Births to the petitioner. W.P.(C) No.8857 of 2009 5 The entire exercise shall be completed within a period of one month from the date on which the petitioner submits the declaration. P.N. RAVINDRAN, JUDGE. nj.