IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WP(C).No. 25431 of 2011(D) -------------------------- PETITIONER: ------------------ MR.ROY C.PARAPPURAM, AGED 47 YEARS,S/O.CHANDI, PARAPPURAM HOUSE,KOOTTALA P.O, PATTIKKADU,THRISSUR 680652. BY ADV. SRI.TOMY XAVIER PARAPPURAM SMT.BEENA JOHN RESPONDENTS: --------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL ADMINISTRATION, THIRUVANANTHAPURAM. 2. REGISTRAR OF BIRTHS & DEATHS, HEALTH INSPECTOR, THALIPARAMPU MUNICIPALITY,KANNUR DISTRICT. R1 BY GOVT. PLEADER SRI P. MAYA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.25431/2011 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COY OF THE BIRTH CERTIFICATE OF ISHAN ROY. EXT.P2 TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRINCIPAL, JEEVAN JYOTHI PUBLIC SCHOOL, PATTIKAD, THRISSUR. EXT.P3 TRUE COPY OF THE VILLAGE OFFICER'S CERTIFICATE DTD. 8.7/2010. EXT.P4 TRUE COPY OF THE APPLICATION DTD. 1/9/2011 SUBMITTED TO THE 2ND RESPONDENT. EXT.P5(A),(B) &(C): TRUE COPIES OF THE ELECTION IDENTITY CARD, RATION CARD AND THE IST PAGE OF THE SSLC CERTIFICATE OF THE PETITIONER. EXT.P6 TRUE COPY OF THE LETTER NO.H.NO.19305/2011 DATD 2/9/2011 FROM THE OFFICE OF THE REGISTRAR OF BIRTHS AND DEATHS, THALIPARAMBA MUNICIPALITY. RESPONDENTS' EXTS: NIL. True Copy P.S. TO JUDGE HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.25431 OF 2011 ------------------------------- DATED THIS THE 3RD DAY OF NOVEMBER, 2011 JUDGMENT This writ petition is filed seeking to quash Ext.P6 and for a direction commanding the 2nd respondent to correct the permanent address in Ext.P1 birth certificate of Ishan Roy pursuant to Ext.P4 application within a time frame to be fixed by this Court. 2. Petitioner is the father of Master Ishan Roy studying in 9th Standard at Jeevan Jyothi Public School, Pattikkad, Thrissur. Ishan Roy was born on 5/2/1997. It is submitted that somebody from mother's house by mistake gave the mother's residence address “Manthottathil” and the same was mistakenly incorporated in the birth certificate. Ext.P1 is the copy of the birth certificate. It is pointed out that the address in the school register is that of the petitioner, which according to the petitioner, is the permanent address with the family address of his father. It is further pointed -2- W.P.(C).No.25431/2011 out that for registering his son's name for CBSC registration the birth certificate in the mother's address when produced before the school authorities, the difference in the address and the house name was noticed and they directed the petitioner to produce the birth certificate showing the same address recorded in the school register. Ext.P2 is the copy of the certificate showing the address of the student in the school register as “Ishan Roy, Parapuram (H), Koottala P.O., Pattikad, Thrissur-680 652.” In the aforesaid circumstances, the petitioner submitted an application before the 2nd respondent to correct the permanent address in the birth certificate of his son, Ishan Roy. Ext.P4 is the copy of the application. Along with Ext.P4 application the petitioner produced copies of the election identity card, ration card and the lst page of SSLC certificate of the petitioner which are marked as Ext.P5 (a),(b) and (c). The request of the petitioner was rejected by Ext.P6 communication issued by the 2nd respondent stating that the Directorate of Panchayat had instructed not to change the address of the father or mother of the kid in the birth certificate unless there -3- W.P.(C).No.25431/2011 is any mistake in the address written in the birth certificate. 3. Learned counsel for the petitioner pointed out that Section 15 of the Registration of Births and Deaths Act, 1969 allows the Registrar to correct the wrong entries made in the birth register. The lst respondent has the authority to correct an improper entry made in the birth register and corresponding entry in the birth certificate. 4. This Court had occasion to consider similar question in the case reported in Shipna Jose v. Registrar (2010 (2) KLT 978). This Court considered similar questions and held that Section 15 of the Registration of Births and Deaths Act, 1969 allows correction or cancellation of entry in the Register of Births and Deaths, that the legal position has now been laid down in the later decision by the Division Bench of this Court reported in Chalakudy Municipality v. Malavika (2009 (4) KLT 714). The Division Bench after considering various aspects laid down the law, which reads as follows: “The law does not contemplate a person to -4- W.P.(C).No.25431/2011 have a wrong name in the register or a mistaken identity in the register or to have wrong particulars regarding th date, place etc. in the register of birth or death. It is also to be noted that the Registration of Births and Deaths Act, 1969 does not create or extinguish any right; the Act is intended only to regulate the process and procedures of registration of births and deaths and the correction of any such entry. Once the Act permits such correction either in form or substance, the Rules are intended only to regulate the procedure and not to prohibit such correction.” 5. In the facts and circumstances of the case, Ext.P6 communication is set aside. The 2nd respondent is directed to consider Ext.P4 application afresh and pass orders permitting correction of permanent address in Ext.P1 birth certificate of Ishan Roy. The order shall be passed within a period of two weeks from the date of receipt of a copy of this judgment. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv.