IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 WP(C).No. 21463 of 2011(G) -------------------------- PETITIONERS: --------------- 1. C.V.AJAYAKUMAR, S/O.KRISHNAN, USHASS, P.O.MORAZHA, KANNUR DISTRICT. 2. K.V.USHA, W/O.AJAYAKUMAR, USHASS, P.O.MORAZHA, KANNUR DISTRICT. 3. JITHIN.K.V, S/O.AJAYAKUMAR, USHASS, P.O.MORAZHA, KANNUR DISTRICT. BY ADV. MR.P.U.SHAILAJAN RESPONDENTS: --------------- 1. THE SECRETARY, KANNUR MUNICIPALITY, KANNUR-1. 2. THE REGISTRAR OF BIRTHS @ DEATHS, (HEALTH INSPECTOR), KANNUR MUNICIPALITY, KANNUR-1. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS, SECRETARIAT, THIRUVANANTHAPURAM-695 001. BY ADV.MR.A.S.SAJUSH PAUL, SC FOR R1 & R2 GOVERNMENT PLEADER MR.M.MUHAMMED SHAFI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21463 of 2011(G) APPENDIX PETITIONERS' EXHIBITS: EXT.P1: BIRTH CERTIFICATE ISSUED TO THE 3RD PETITIONER. EXT.P2: S.S.L.C. CERTIFICATE ISSUED TO THE 3RD PETITIONER. EXT.P3: +2 CERTIFICATE ISSUED TO THE 3RD PETITIONER. EXT.P4: RETURNED APPLICATION WHICH WAS SUBMITTED BY PETITIONERS BEFORE R2. RESPONDENTS' EXHIBITS: NIL .... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.21463 Of 2011 ---------------------- Dated this the 9th day of August, 2011. J U D G M E N T The writ petition is filed seeking a direction directing respondents 1 & 2 to receive Ext.P4 application and to correct the name of the 3rd petitioner as Jithin K.V instead of Jithesh and for other incidental reliefs. 2. The 3rd petitioner, Jithin K.V, is the son of petitioners 1 & 2. It is averred in the writ petition that the 3rd petitioner was born on 14.10.1989 at Cannannore Nursing Home, Kannur. The child was named as Jithin.K.V. It is said that due to a mistake, at the time of registering the name of the child before the Municipality instead of Jithin K.V, the name was registered as Jithesh. The petitioners pointed out that the name of the 3rd petitioner is recorded as Jithin K.V in the School Register, in the SSLC records and in the records maintained by the Engineering College. 3. The petitioners submitted Ext.P4 application before the 2nd respondent to correct the name of the 3rd petitioner as Jithin.K.V. The application is for correction and issuance of a ::2:: W.P.(C).No.21463 Of 2011 Birth Certificate in the corrected name. The petitioners submit that the application submitted before the 2nd respondent was returned. The petitioners pointed out that as per Section 15 of the Registration of Births and Deaths Act, 1969, the 2nd respondent has the authority and power to correct the name of the petitioner as Jithin K.V. The petitioners also referred to the decision reported in Varghese v. Director of Panchayath (2008 (2) KLT 278). In the said decision, this Court held that as per Section 15 of the Registration of Births and Deaths Act, 1969 r/w Rule 12 of the Registration of Births & Deaths Rules, the Registrar has power to make corrections in the name of persons entered wrongly by mistake. 4. The learned standing counsel on behalf of respondents 1 & 2 submitted that the 2nd respondent will consider and pass appropriate orders on Ext.P4 application submitted by the petitioners. The petitioners' contention that due to a mistake, at the time of registering the name of the child before the Knnur Municipality instead of Jithin K.V., the name was registered as Jithesh.K.V is accepted. ::3:: W.P.(C).No.21463 Of 2011 5. The very fact, that the name was recorded as Jithin.K.V in the School Register, SSLC records and the records maintained by the Engineering College, shows that the registration of name as Jithesh K.V is a mistake. Therefore, this Court direct the 2nd respondent to consider Ext.P4 application afresh and pass appropriate order. The writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-