IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 9TH NOVEMBER 2011 /8TH KARTHIKA 1933 WP(C).No. 27643 of 2011(E) ------------------------------------ PETITIONER : - ---------------------- LIMMY SHAJU, W/O.SHAJU, CHAKKALAMATTATHU HOUSE, PUTHENCHIRA, THRISSUR DISTRICT, REP.BY DAVIS, S/O.JOSE, AGED 41 YEARS, CHAKKALAMATTATHU HOUSE, PUTHENCHIRA, THRISSUR DISTRICT. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENTS : - ------------------------- 1. THE THRISSUR CORPORATION, REP.BY ITS SECRETARY, THRISSUR PIN - 680 001. 2. THE REGISTRAR OF BIRTHS AND DEATHS, THRISSUR CORPORATION, THRISSUR, PIN - 680 001. BY ADV. SRI.KODOTH SREEDHARAN, SC FOR THRISSUR CORPORATION. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27643 of 2011(E) APPENDIX PETITIONER'S EXHIBITS: EXT P1 : COPY OF THE BIRTH CERTIFICATE OF PETITIONER'S SON ALWIN SHAJU DATED 11.12.2002. EXT P2 : COPY OF THE BIRTH CERTIFICATE OF PETITIONER'S DAUGHTER CADARIN SHAJU DATED 18.04.2006. EXT P3 : COPY OF THE APPLICATION DATED 01.07.2010 PREFERRED BY THE PETITIONER. EXT P4 : COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 1st RESPONDENT. EXT P5 : COPY OF THE CERTIFICATE DATED 04.05.2011 ISSUED BY THE VILLAGE OFFICER, PUTHENCHIRA. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.A. TO JUDGE DMR/- HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.27643 OF 2011 ------------------------------- DATED THIS THE 9TH DAY OF NOVEMBER, 2011 JUDGMENT This writ petition is filed for a direction commanding the 2nd respondent to make necessary corrections in the entries in the register of birth with respect to the petitioner's minor children Alwin Shaju and Cadarin Shaju as requested in Ext.P3 and for other incidental reliefs. 2. Petitioner is the mother of two minor children by name Alwin Shaju and Cadarin Shaju. Exts.P1 and P2 are the copies of the birth certificates of her minor children. Petitioner submits that for the purpose of getting passports and other travel documents for her minor children and for correcting certain entries in the passports of the petitioner and her husband, she had submitted an application for making corrections in the birth registers of her children. Ext.P3 is the copy of the application for correction. In Ext.P3 the petitioner had requested the respondents -2- W.P.(C).No.27643/2011 to correct the father's and mother's name in the birth register. Petitioner had also produced a certificate from the Village Office concerned certifying th correct name name of the petitioner's husband, who is the father of the minor children. Petitioner is aggrieved by the failure of the respondents in passing appropriate orders for correcting the entries in the birth register. 3. In the counter affidavit filed by the lst respondent it is stated that the petitioner failed to produce the relevant documents along with the application dated 1/7/2011. Therefore, the petitioner was informed about the failure to produce the relevant documents and therefore the matter was not considered till date. It is also stated that wrong entries mistakenly reported can be corrected based on the documents already specified and that in the absence of production of any such documents, correction cannot be carried out. 4. This Court had occasion to consider similar question in the case reported in Shipna Jose v. Registrar (2010 (2) KLT 978). This Court considered similar questions and held that Section -3- W.P.(C).No.27643/2011 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 form or substance, the Rules are intended only to regulate the procedure and not to prohibit such correction.” 5. In the facts and circumstances of the case, this writ petition is disposed of directing the 2nd respondent to consider Ext.P3 application on merits, after affording an opportunity of -4- W.P.(C).No.27643/2011 being heard to the petitioner or her representative and allow the correction on being satisfied that it requires such a correction. The order shall be passed within a period of one month from the date of receipt of a copy of this judgment. Petitioner shall produce all the relevant documents necessary for considering Ext.P3 application, as directed by the lst respondent-Corporation. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv.