IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 2498 of 2009(V) ------------------------- PETITIONER(S): --------------- 1. R.KRISHNAMOORTHY, AGED 35 YEARS, S/O.RAMAN, "PUTHIYATHOTTAM" KALPATTA VILLAGE, VYTHIRI TALUK, WAYANAD DISTRICT. 2. LATHA KRISHNAMOORTHY, AGED 27 YEARS, W/O.KRISHNAMOORTHY, "PUTHIYATHOTTAM" KALPATTA VILLAGE, VYTHIRI TALUK, WAYANAD DISTRICT. (BOTH THE PETITIONERS ARE REP. BY POWER OF ATTORNEY HOLDER T.S.SREENIVASAN, AGED 54 YEARS, S/O.T.S.SUBRAMANYAN, "PUTHIYATHOTTAM" WAYANAD) BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): --------------- 1. THE REGISTRAR OF BIRTHS AND DEATHS, KALPATTA MUNICIPALITY, KALPETTA P.O.,WAYANAD DIST. 2. KALPATTA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KALPATTA MUNICIPALITY, KALPETTA P.O.,WAYANAD DIST 3. THE CHIEF REGISTRAR OF BIRTHS AND DEATHS (DIRECTOR OF PANCHAYATHS, THIRUVANANTHAPURAM). GOVT. PLEADER SMT.K.R.DEEPA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONERS' EXHIBITS: W.P.C.NO. 2498/2009 --------------------------------------------------------------- EXT.P1 TRUE COPY OF APPLICATION DT. 30-3-05. EXT.P2 BIRTH CERTIFICATE DT. 26-10-04. EXT.P3 APPLICATION DT. 10-4-08. EXT.P4 ORDER DT. 24-4-08. EXT.P5 ORDER DT. 23-7-08. EXT.P6 AFFIDAVIT DT. 7-9-08. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 2498 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 30th March, 2009. J U D G M E N T The petitioners are the parents of K. Sriram. However, in the birth register maintained by the 1st respondent, the pet-name of the petitioners' son, namely, Akash. K has been entered. The petitioners sought correction of the said name by entering the name K. Sriram. The petitioners grievance is that the same has been rejected by the 1st respondent by Ext. P4, the appeal against which was rejected by the Deputy Director of Panchayats. According to the petitioners the child is only three years' old and as per the decisions of this Court in Meena vs. Corporation of Cochin, 2004 (2) KLT 1118 and Girijan vs. Register of Births and Deaths, 2003(2) KLT 22, the parents are entitled to request for change of name in the birth register before the name is entered in the school register. The petitioners also submit that as per the circular issued by the Government, pet name entered in the birth register can be corrected. The petitioners therefore seek the following reliefs: “i) Issue a writ in the nature of certiorari or any other appropriate writ, order or direction calling for the records leading to Exhibits P4 and P5 and quash the same. ii) Issue a writ in the nature of mandamus or any other writ, order or direction directing the respondents to correct the name of the son of the petitioner in the register of births as K. SRIRAM in place of AKASH. K. iii) Issue a writ in the nature of mandamus or any other writ, order, or direction, directing the 1st respondent to issue a birth certificate i respect of the son of the petitioner with his name as K. SRIRAM.” 2. Although notice has been served on the 1st respondent, none appears for the 1st respondent. In the above circumstances, I have heard the learned counsel for the petitioners. W.P.C. No. 2498/2009 -: 2 :- 3. In view of the decisions of this Court and the circular issued by the Government in this regard, I am of opinion that the 1st respondent is bound to consider the application of the petitioners in the light of those decisions and the circular issued by the Government. Accordingly, Exts. P4 and P5 orders are quashed. The 1st respondent is directed to re-consider the application of the petitioners in the light of the above said decisions and the Government circular, as expeditiously as possible, at any rate, within two weeks from the date of receipt of a copy of this judgment. S. Siri Jagan, Judge. Tds/