IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 WP(C).No. 6159 of 2011(T) ------------------------------------- PETITIONERS: --------------- 1. NAIJU PHILIP NAINAN, KODUVELIL HOUSE, VADAVASTHOOR P.O., KOTTAYAM-686 010. 2. BETSY PHILIP NAINAN, KODUVELIL HOUSE, VADAVATHOOR P.O., KOTTAYAM-686 010. BY ADV. SRI.ABRAHAM GEORGE JACOB RESPONDENTS: ------------------------- 1. THE REGISTAR OF BIRTHS AND DEATHS KOZHENCHERRY GRAMA PANCHAYAT, PATHANAMTHITTA DISTRICT, PIN-689 641. 2. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF KERALA IN THE LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. ADV. SRI.THOMAS ABRAHAM,SC, FOR R1, BY GOVERNMENT PLEADER SRI MUHAMMED SHAFI .M FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W..P.(C).No.6159/2011 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE CERTIFICATE OF BIRTH ISSUED BY THE EXECUTIVE OFFICER AND REGISTRAR OF BIRTHS AND DEATHS, KOZHENCHERRY PANCHAYAT DTD.31/3/97. EXT.P2 TRUE COPY OF THE BAPTISM CERTIFICATE ISSUED BY THE PARIYARAM MAR APREM ORTHODOX CHURCH DTD. 17/11/2002 EXT.P3 TRUE COPY OF THE CETIFICATE DTD. 15/12/2003 ISSUED BY TE PRINCIPAL OF SEVENTH DAY ADVENTIST HIGH SCHOOL, KOTTAYAM. EXT.P4 TRUE COPY OF A CERTIFICATE DATED 31/12/2010 ISSUED BY THE PRINCIPAL OF THE BAKER VIDYAPEEDH, KOTTAYAM. EXT.P5 TRUE COPY OF THE RATION CARD ISSUED BY THE TALUK SUPPLY OFFICE, KOTTAYAM. EXT.P6 TRUE COPY OF THE APPLICATION DATED 24/4/2007. EXT.P7 TRUE COPY OF THE APPLICATION DTD. 6/11/2010. EXT.P8 TRUE COPY OF THE LETTER DTD. 17/12/2010 ISSUED BY THE IST RESPONDENT. TRUE COPY P..S. TO JUDGE HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.6159 OF 2011 ------------------------------- DATED THIS THE 16TH DAY OF NOVEMBER, 2011 JUDGMENT This writ petition is filed seeking to quash Ext.P8 and for a direction commanding the 1st respondent to correct the name of the child of the petitioners born on 25/11/1996, the birth of whom was registered on 2/12/1996 under Birth Registration No.1291/96 in the Register of Births and Deaths of the Kozhencherry Grama Panchayat from 'Olivy Mary Philip' to 'Chinnu Mariam Philip'. 2. Petitioners are the parents of Chinnu Mariam Philip born on 25/11/1996 at Muthoot Medical Centre, Kozhencherry. The birth was registered on 2/12/1996 under the birth registration No.12391/96 of the Register of Births and Deaths. Ext.P1 is the copy of the certificate of birth. In Ext.P1 the name of the petitioner's child is recorded as 'Olivy Mary Philip'. Petitioners submits that the child was later baptised as per Christian rites and -2- W.P.(C).No.6159/2011 was given the name 'Chinnu Mariam Philip' and the said name was entered so in the Church records. Ext.P2 is the true copy of the baptism certificate and Ext.P3 is the copy of the certificate issued by the Principal of Seventh Day Adventist High School, Kottayam. Subsequently, she continued her studies in the Baker Vidyapeedh School, Kottayam in the year 2008-09. Ext.P4 is the copy of the certificate issued by the Baker Vidyapeedh School, Kottayam. In Exts.P2, P3 and P4 certificates the name of the child is entered as 'Chinnu Mariam Philip'. The petitioners pointed out that the child's name is Chinnu Mariam Philip. The very same name is entered in the ration card and the Village and Municipal records. Ext.P5 is the true copy of the ration card issued by the Taluk Supply Officer, Kottayam. The petitioners submit that they had submitted Exts.P6 and P7 applications for correction before the lst respondent Registrar of Births and Deaths. The lst respondent, after considering Exts.P6 and P7 applications, issued Ext.P8 order rejecting the same. -3- W.P.(C).No.6159/2011 3. 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 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 th 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.” -4- W.P.(C).No.6159/2011 4. In the facts and circumstances of the case, Ext.P8 order is quashed. There will be a direction to the 1st respondent to re-consider Exts.P6 and P7 applications on merits 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. Sd/- HARUN-UL-RASHID, Judge. kcv.