IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WP(C).No. 35151 of 2008(I) -------------------------- PETITIONER(S): --------------- DEEPTHY.V.S, POURNAMI, CHEMMAKKAD.P.O, PERINAD, KOLLAM. BY ADV. SRI.S.SANTHOSH KUMAR SMT.BABY JOSE RESPONDENT(S): --------------- 1. THE CHIEF REGISTRAR OF BIRTHS AND DEATHS, THIRUVANANTHAPURAM. 2. KOLLAM CORPORATION, REP. BY ITS SECRETARY, KOLLAM. 3. THE REGISTRAR OF BIRTHS AND DEATHS, KOLLAM CORPORATION, KOLLAM. ADV. SRI. M. CHANDRAMOHAN DAS GOVT. PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 35151/2008. ------------------------------------------------------------------ EXT.P1 TRUE COPY OF BIRTH CERTIFICATE DT. 31-10-2000. EXT.P2 DO. DT. 20-2-2001. EXT.P3 NOTIFICATION DT. 5-8-2006. EXT.P4 PAGE NOS. 1 AND 2 OF PASSPORT. EXT.P5 DO. DO. EXT.P6 PETITION DT. 18-6-2007. EXT.P7 PETITION DT. 11-11-2008. EXT.P8 LETTER DT. 19-11-2008. EXT.P9 CERTIFICATE DT. 17-12-08. EXT.P9(a) PAGE NO. 6109 OF LABOUR ROOM REGISTER. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 35151 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 6th February, 2009. J U D G M E N T The petitioner's husband Manikantan is employed in Dubai. In the wedlock, a child by name Anupama was born on 5-2-2000 in Nani Memorial Nursing Home at Kollam. The petitioner originally obtained Ext. P1 birth certificate on 31-10-2000 in respect of her child. She lost the original of the same, which prompted her to file another application, which resulted in issue of Ext. P2 birth certificate dated 20-2-2001, original of which is no longer with her. Again the petitioner applied for and obtained another certificate, in which there were serious mistakes in the material particulars regarding father's name etc. Therefore, the same was returned immediately for correction. The petitioner's grievance now is that birth certificate is not being issued to the petitioner and the 3rd is insisting on the petitioner producing the original of Exts.P1 and P2 as a condition for issuing the same, which are not available with the petitioner. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i) Issue a writ of mandamus or any other appropriate writ or order directing the 3rd respondent to issue Birth Certificate of petitioner's daughter containing the details as entered in Ext. P1 or Ext. P2 certificate at once; ii) Issue a writ of mandamus or any other appropriate writ or order directing respondents 1 and 2 to conduct an enquiry into the issue of birth certificate dated 25-5-2007 mentioned in Ext. P8 and to take steps to issue birth Certificate of petitioner's daughter without insisting for any application for correction of the entries in the birth register.” 2. A counter affidavit has been filed in which it is stated that certain mistakes have occurred in the matter without correcting which the birth certificate as desired by the petitioner cannot be W.P.C. No. 35151/2008. -: 2 :- issued now. Therefore, counsel for the 3rd respondent submits that if the petitioner files an appropriate application for correction, the same would be considered and a corrected birth certificate as desired byo the petitioner would be issued to the petitioner without delay. In the above circumstances, the writ petition is disposed of with the following directions: The petitioner shall forward a proper application with all details for appropriate correction as desired by the petitioner in the birth register. The 3rd respondent shall consider the same in accordance with the circular issued by the Government on the subject as also the decisions of this Court in Sivanandan v. Registrar of Births & Deaths, [2007 (3) KLT 721] and Varghese v. Director of Panchayat, [2008 (2) KLT 278] as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of the application. Sd/- S. Siri Jagan, Judge. Tds/