IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 WP(C).No. 30163 of 2007(N) -------------------------- PETITIONER: ------------- T.JISHNU, AGED 71 YEARS, RETIRED PRINCIPAL GOVT. ENGG.COLLEGE, THRISSUR, S/O.T.KANARAN, 'HARINI', VIYYOOR POST, THRISSUR DISTRICT. BY ADV. SRI.K.V.RAMABHADRAN RESPONDENTS: ----------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT LOCAL ADMINISTRATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. CHIEF REGISTRAR FOR BIRTHS AND DEATHS, FOR STATE OF KERALA, DIRECTORATE OF PANCHAYATH, THIRUVANANATHAPURAM. 3. REGISTRAR FOR BIRTHS AND DEATHS, KUTHUPARAMBA MUNICIPALITY, P.O.KUTHUPARAMBA, KANNUR DISTRICT. R1 & R2 BY SRI.K.J.MOHAMMED ANZAR, SR. GOVT. PLEADER. R3 BY SRI.P.V.SURENDRANATH, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ------------------------------- W.P.(C) No. 30163 OF 2007 ----------------------------------- Dated this the 1st day of January, 2008 JUDGMENT The grievance of the petitioner who retired as Principal of the Government Engineering College, Thrissur is that certain vital mistakes had crept into the entries in the birth register maintained by the Koothuparambu Municipality pertaining to his daughter Smt.Manjula T. Jishnu and that the 3rd respondent registrar has declined to correct those mistakes. The prayer in the Writ Petition is to quash Ext.P11, final order issued by the 3rd respondent declining the petitioner's request for making corrections in the birth register pertaining to the petitioner's daughter. 2. A detailed counter affidavit has been filed by the Municipality to which the petitioner has filed a reply affidavit. 3. Heard Sri.K.V.Ramabhadran, counsel for the petitioner and Sri.P.V. Surendranath, counsel for the Municipality. The submission of Mr.Surendranath is that Ext.P11 is justified in that the so called mistakes were vital and many. There is some force in the submission of Mr.Surendranath that going by the present entries the identity of the petitioner's daughter itself is in doubt. But at the same time it appears to me that there is element of genuineness in the grievance which is WPC No.30163 of 2007 2 voiced by the petitioner before this Court. Ext.P7 is an affidavit sworn to by the writ petitioner in support of his application for correction of the entries relating to his daughter. 4. Paragraph 5 of Ext.P7 is extracted below: “5.Now Manjula T.Jishnu is a practising doctor in U.S.A. As per existing laws in U.S.A., in order to issue Green card it requires production of either a birth certificate issued by Koothuparamba Municipal Commissioner in effect that Manjula was born on 31.05.65 or a certificate that her birth as on 31st May, 1965 was not recorded in the register of births kept in erstwhile Koothuparamba Panchayat or in any other register. Unless it is issued my daughter is unable to obtain Green card from U.S.A. And it will cause irreparable hardship and damages to her.” It may not be proper to direct the 3rd respondent to issue a birth certificate to the effect that the petitioner's daughter, Manjula T.Jishnu was born on 31.05.65 since the presently recorded details in the register are not adequate. At the same time the alternate request in Ext.P7 that a certificate to the effect that birth of Manjula T.Jishnu , born as on 31.05.65, has not been recorded in the Register of births kept in the erstwhle Koothuparamba or any other register can be issued. Under these circumstances, I dispose of the Writ Petition declining the relief sought for, but issuing the following directions: WPC No.30163 of 2007 3 The 3rd respondent is directed to issue a certificate to the effect that the birth of Manjula T.Jishnu, a doctor presently practising in U.S.A. was not recorded in the register of births kept in the erstwhile Koothuparamba Panchayat or any other register maintained by that Panchayat or its successor Municipality. If an application in that regard is made by the petitioner within two weeks of his receiving copy of this judgment, the Municipality will issue certificate in the light of the above directions. PIUS C. KURIAKOSE, JUDGE btt WPC No.30163 of 2007 4