IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 WP(C).No. 31763 of 2010(U) -------------------------- PETITIONER(S): --------------- P.GOPALAKRISHNAN,RESIDING T FLAT 8B BLOCK 1,KENCES BRINDAVAN,175,POONAMALLEE HIGH ROAD,CHENNAI,DULY APPOINTED,POWER OF ATTORNEY FOR HIS DAUGHTER G.SANGEETHA. BY ADV. SMT.PRABHA R.MENON SRI.M.KRISHNAKUMAR RESPONDENT(S): --------------- THE REGISTRAR,BIRTH & DEATHS, PALAKKAD MUNICIPALITY,PALAKKAD. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.31763 of 2010 EXT.P1 A TRUE COPY OF THE BIRTH CERTIFICTE ISSUED ON 29.3.1980 EXT.P2 A TRUE COPY OF CERTIFICATE ISSUED BY THE CENTRAL BOARD OF SECONDARY EDUCATION. EXT.P3 A TRUE COPY OF CERTIFICATE ISSUED BY DEPARTMENT OF COLLEGIATE EDUCATION. EXT.P4 A TRUE COPY OF MARRIAGE CERTIFICATE DATED 1.9.2004. EXT.P5 A TRUE COPY OF RELEVANT PAGES IN PASSPORT. EXT.P6 A TRUE COPY OF REPRESENTATION DATED 11/3/2010 EXT.P7 A TRUE COPY OF INTIMATION DATED 14/6/2010 EXT.P8 A TRUE COPY OF INTIMATION DATED 16/1/2010 EXT.P9 A TRUE COPY OF REPRESENTATION DATED 17/8/2010 EXT.P10 A TRUE COPY OF ORDER DATED 26/8/2010 //TRUE COPY// P.A. TO JUDGE. P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.31763 of 2010 ------------------------------- Dated this the 28th day of October, 2010 J U D G M E N T The petitioner's daughter, Smt.G.Sangeetha, was born on 21.6.1976 at Venkitesa Hospital, Palakkad, where the petitioner and his wife were then residing. However, when the intimation regarding the birth of petitioner's daughter was given by the hospital authorities, the date of birth was mentioned as 24.6.1976 and on that basis, the birth of the petitioner's daughter, Smt.G.Sangeetha, was registered by the Registrar of Births and Deaths, Palakkad Municipality, the sole respondent herein. However, in the school records, the date of birth was given as 21.6.1976 as can be seen from Exts.P2 and P3. In the passport applied for and obtained by the petitioner's daughter also, the date of birth is mentioned as 21.6.1976. 2. The petitioner's daughter is presently residing abroad along with her husband and child. With a view to rectify the mistake in the Register of Births and Deaths regarding her date of birth, the petitioner on behalf of his daughter moved the respondent. That request was rejected by the respondent and the decision communicated to the petitioner by Ext.P10 letter dated 26.8.2010. The respondent took the stand that as the hospital where the petitioner's daughter was born is defunct, in the absence of W.P.(C) No.31763/2010 2 contemporaneous records maintained in the hospital, relying on the school records alone, the date of birth cannot be corrected. Ext.P10 is under challenge in this writ petition. 3. The learned counsel appearing for the petitioner contends that the respondent ought to have, in view of the fact that the petitioner who is the father of the child whose birth was registered on 1.7.1976 has applied for change of date of birth, and the school records and the passport of the petitioner's daughter bear the correct date of birth, viz., 21.6.1976, made the necessary changes in the register of births by correcting the date of birth as 21.6.1976 and issued a fresh extract from the Register of Births and Deaths. Reliance was placed on section 15 of the Registration of Births and Deaths Act 1969 and rule 11 of the Registration of Births and Deaths Rules, 1970. 3. The sole respondent who has appeared through standing counsel resisted the writ petition contending inter alia that in the absence of contemporaneous records from the hospital, relying on the school records alone, the date of birth cannot be corrected. I am afraid the said stand cannot be accepted. As per Rule 11(2) of the Registration of Births and Deaths Rules, 1970, where two W.P.(C) No.31763/2010 3 responsible persons make a declaration regarding the date of birth of a person, the Registrar of Births and Deaths can act on that declaration and effect necessary changes in the Register of Births and Deaths. It is true that the original entry cannot be deleted. All that the Registrar can do is to make a suitable entry in the margin without any alteration of the original entry if he is satisfied that the entry regarding the date of birth is erroneous in form or substance. In such circumstances, as the petitioner and his wife who are the parents of Smt.G.Sangeetha assert and declare that she was born on 21.6.1979 and not on 24.6.1976, I am of the opinion that the respondent ought to have acted on the said declaration and take necessary steps to correct entry regarding the date of birth in the Register of Births and Deaths. 4. I accordingly quash Ext.P10 and direct the respondent to effect necessary changes in the Register of Births and Deaths maintained by him, in the event of the petitioner and his wife (parents of Smt.G.Sangeetha) submitting a joint declaration in the form of an affidavit attested by a notary to the effect that their child, Smt.G.Sangeetha, was born on 21.6.1976 and not on 24.6.1976. The Registrar of Births and Deaths shall thereupon cause an enquiry W.P.(C) No.31763/2010 4 to be conducted and take an appropriate decision in the matter, and if he is satisfied that the date of birth of Smt.G.Sangeetha should be corrected as prayed for by the petitioner, make necessary entries in the Register of Births and Deaths and issue a certified extract from the Register to the petitioner. The entire exercise shall be completed within a period of one month from the date on which the petitioner and his wife submit a joint declaration as stated above. The writ petition is disposed of with the above directions. P.N. RAVINDRAN, JUDGE. nj.