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. 5512 of 2011(L) ------------------------------------ PETITIONER(S): ------------------------- 1. SUNNY KURUVILLA, AGED 42 YEARS, (DIED) S/O V.M.KURUVILLA, VADATH HOUSE, VETTITHARA, MANEED, RAMAMANGALAM P.O., MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT. 2. VIJI SUNNY, AGED 39 YEARS, W/O.SUNNY KURUVILLA, VADATH HOUSE, VETTITHARA, MANEED, RAMAMANGALAM P.O., MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.R.S.KALKURA SMT.A.V.PRIYA RESPONDENT(S): ---------------------------- THE REGISTRAR OF BIRTHS AND DEATHS, CORPORATION OF KOCHI, KOCHI- 682 011. ADDL. R2 :- THE CHIEF REGISTRAR OF BIRTHS AND DEATHS/ PANCHAYATH DIRECTOR PANCHAYATH DIRECTORATE, THIRUVANANTHAPURAM 695 033. ADV. SRI.E.D.GEORGE,SC,COCHIN CORPORATION THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.5512/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE BIRTH CERTIFICATE DTD. 9.1.1997 ISSUED BY THE RESPONDENT. P2:- COPY OF THE FIRST PAGE OF SCHOOL DIARY OF PETITIONERS' SON. P3:- COPY OF THE PETITIONERS' RATION CARD. P4:- COPY OF THE APPLICATION DTD. NIL SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENT. P5:- COPY OF THE JUDGMENT DTD. 1.6.2010 IN WPC. 15926/2010. P6:- COPY OF THE ORDER BEARING NUMBER M.OH 10/31704/10 DT. 13.1.2011 ISSUED BY THE RESPONDENT TO THE IST PETITIONER. P7:- CIRCULAR NO.B1-20741/2009 ISSUED BY THE CHIEF REGISTRAR OF BIRTHS AND DEATHS DT. 8.12.2010. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss HARUN –UL-RASHID,J --------------------------------------- W.P.(C)No. 5512 of 2011 --------------------------------------- Dated this the 9th day of August 2011 JUDGMENT Petitioners are parents of ‘Sen Geevarghese Sunny’. Sen Geevarghese Sunny was born on 17.11.1996. In Ext.P1 Birth Certificate issued by the first respondent the name of the petitioner’s son is entered as Geevarghese Sunny. Petitioners submit that the name entered in the Birth Certificate is his baptism name and that it was a mistake. Petitioners produced the first page of school dairy of their son as Ext.P2. In Exts.P2 & P3, the name of the petitioners’ son is shown as Sen Geevarghese Sunny. 2. Finding that the petitioner’s son’s name is mistakenly shown in Ext.P1 Birth Certificate as Geevarghese Sunny instead of Sen Geevarghese Sunny, the petitioners submit an application to the first respondent for changing the name of the petitioner’s son as Sen Geevarghese Sunny. Ext.P4 application dated 30.12.2010 was rejected by the first respondent on 13.1.2011 stating that the correction regarding the name in the Birth Register can be allowed once before the child joins the school. Ext.P6 is the order passed by the first respondent. It is pointed out that under W.P.(C) No. 5512/2011 2 Section 15 of the Registration of Birth and Death Act, 1969 allows the Registrar to correct wrong entries made in the birth register. The first respondent has the authority to correct an improper entry made in the birth register and correspondent entry in Ext.P1 Birth Certificate. 3. This Court had occasion to consider similar question in the case reported in Shipna Jose Vs. Registrar (2010 (2) KLT 978) . The judgment dated 1st June 2010 is produced as Ext.P5. This Court considered similar questions and held that Section 15 of the Registration of Birth and Death Act, 1969 allows correction or cancellation of entry in the register of Births and Deaths. This Court in Ext.P5 judgment held that legal position has now been laid down in the later decision by the Division Bench of this Court reported in Chalakudy Municipality Vs. 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 W.P.(C) No. 5512/2011 3 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.” 4. In the facts and circumstance of the case, Ext.P6 order is set aside. A direction is issued to the first respondent to consider Ext.P4 application on merits and allow the correction on being satisfied that it requires such a correction. Appropriate action shall be taken by the first respondent. The order shall be passed within a period of one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. HARUN-UL-RASHID JUDGE al.