IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 WP(C).No. 26176 of 2007(N) --------------------------------------- PETITIONER: ------------------- FOUZIA, W/O. PULIKKAL ABDU, PULIKKAL HOUSE, VAYAPPARAPPADI, MANJERI, MALAPPURAM DISTRICT-676 121. BY ADV. MR.K.M.SATHYANATHA MENON. RESPONDENT: ---------------------- KOTTAKKAL GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KOTTAKKAL P.O., KOTTAKKAL. BY ADV. MR. M.V.BOSE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.26176/2007-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE BIRTH CERTIFICATE ISSUED BY THE RESPONDENT GRAMA PANCHAYATH TO THE PETITIONER'S CHILD. EXT.P.2: COPY OF THE CERTIFICATE WITH RESPECT TO THE ADMISSION REGISTER OF THE PETITIONER'S CHILD. EXT.P.3: COPY OF THE RATION CARD SHOWING THE NAME OF THE PETITIONER AND HER DAUGHTER. EXT.P.4: COPY OF THE LETTER DTD. 19/07/2007 SENT TO THE RESPONDENT BY THE PETITIONER. RESPONDENTS' EXHIBITS: EXT.R1.A: COPY OF THE LETTER DTD. 06/08/2007 ISSUED BY THE RESPONDENT TO THE PETITIONER. EXT.R1.B: COPY OF THE CIRCULAR DTD. 20/03/2007 ISSUED BY THE PANCHAYATH DIRECTOR. //TRUE COPY// P.S. TO JUDGE. Prv. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 26176 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 23rd May, 2009. J U D G M E N T The petitioner is the mother of Farshana Shibila, who was born on 6-9-1992. But, in the birth certificate issued by the respondent, who is also the Registrar of Births and Deaths, the name is shown as Prasanna Shibila. In the school records of the child, the name is written as Farshana Shibila. In the ration card also the name is included so. In view of the discrepancy between the entries in the birth register and the school records, the petitioner filed an application for correction of the name of her daughter as Farshana Shibila in the birth register. Along with the same, she also produced Ext. P2 certificate from the Principal of the school where the petitioner's daughter is studying as also copy of the ration card where the name of the petitioner's daughter is included to prove that the name of her daughter is Farshana Shibila. However, her request for correction of the name of her daughter has not been favourably considered by the respondent. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent Grama Panchayat to correct the name of the petitioner's daughter in Exhibit P1 birth certificate as 'FARSHANA SHIBILA' as evidenced from Exhibits P2 and P3.” 2. A counter affidavit has been filed by the respondent, wherein the respondent has taken the stand that the respondent has no power to make such corrections under the Registration of Births and Deaths Act. The respondent also relies on Ext. R1(b) circular issued by the Government in this regard. 3. I have considered the rival contentions in detail. 4. Section 15 of the Registration of Births and Deaths Act W.P.C. No. 26176/07 -: 2 :- certainly contains a provision for correction or cancellation of entry in the register of births and deaths, which reads as follows: “15. Correction or Cancellation of entry in the register of births and deaths:- If it is proved to the satisfaction of the Registrar that any entry of a birth or death in any register kept by him under this Act is erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such rules as may be made by the State Government with respect to the conditions on which and the circumstances in which such entries may be corrected or cancelled, correct the error or cancel the entry by suitable entry in the margin, without any alteration of the original entry, and shall sign the marginal entry and add thereto the date of the correction or cancellation.” In the Registration of Births of Births and Deaths Rules also, Rule 11 provides for correction of entries in the Register of Births and Deaths, which reads thus: “11. Correction or cancellation of entry in the register of births and deaths:- (i) If it is reported to the Registrar that a clerical or formal error has been made in the register or if such error is otherwise noticed by him the Registrar shall enquire into the matter and if he is satisfied that any such error has been made, he shall correct the error (by correcting or cancelling the entry) as provided in Section 15 and shall send an extract of the entry showing the error and how it has been corrected to the State Government or the officer specified by it in this behalf. (2) If any person asserts that any entry in the register of births and deaths is erroneous in substance, the Registrar may correct the entry in the manner prescribed under Section 15 upon production by that person a declaration setting forth the nature of the error and true facts of the case made by two credible persons having knowledge of the facts of the case. (3) Notwithstanding anything contained in sub-rule (1) and sub- rule (2) the Registrar shall make report of any correction of the kind referred to therein giving necessary details to the State Government or the officer specified in this behalf. (4) If it is proved to the satisfaction of the Registrar that any entry in the register of births and deaths has been fraudulently or improperly made, he shall make a report giving necessary details W.P.C. No. 26176/07 -: 3 :- to the officer authorised by the Chief Registrar by general or special order in this behalf under Section 25 and on hearing from him take necessary action in the matter. (5) In every case in which an entry is corrected or cancelled under this rule, intimation thereof should be sent to the permanent address of the person who has given information under Section 8 or Section 9.” Such power has been recognised by judicial decisions also namely, Sivanandan v. Registrar of Births & Deaths, 2007(3) KLT 721 and Varghese v. Director of Panchayat, 2008(2) KLT 278. As such, I do not find any merit in the contention of the respondent that the respondent does not have power to correct entries in the register of births and deaths. 5. Learned counsel for the petitioner further points out that even if correction could be made, as per the Rules, that can only be on a joint application by both parents, whereas in this case, the application has been filed only by the petitioner. Further, Rule 11(2) provides that such application has to be supported by affidavits of two credible persons having knowledge of the facts of the case, which have also not been produced. 6. I am of opinion that from the very nature of the two names, it is abundantly clear that it is a mistake committed by somebody. Obviously, the petitioner and her daughter belong to Muslim community. Farshana Shibila is a common name among Muslim communities, whereas Presanna is commonly used by Hindus. The two names also sound very similar. It is clear from the school records of the child that the parents had chosen the name Farshana Shibila. Therefore, the entry in the birth register can certainly be regarded as a mistake by the person who reported the death or the person who made the entry in the birth register. In the above circumstances, the W.P.C. No. 26176/07 -: 4 :- writ petition is disposed of with the following directions: The petitioner along with her husband shall file an application before the respondent for the correction of the name of their daughter in the birth register, after complying with all the legal formalities detailed in Section 15 and Rule 11. The respondent shall conduct necessary enquiries and dispose of such application in accordance with the above said findings as expeditiously as possible, at any rate, within one month from the date of the application. Sd/- S. Siri Jagan, Judge. Tds/