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. 9650 of 2009(A) ------------------------- PETITIONER(S): --------------- MINOR MALAVIKA,AGED 13, D/O.SAJEEV VELAPPAN NAIR,REP.BY HER MOTHER AND GUARDIAN SMT.SINDHU SAJEEV HOLDER OF INDIAN PASS PORT NO.F5458646, PRESENTLY RESIDING AT THEKKEPPAT HOUSE, PARIYARAM VILLAGE DESOM,THRISSUR DISTRICT. BY ADV. SRI.T.N.MANOJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY THE SECRETARY FOR LOCAL ADMINISTRATION, THIRUVANANTHAPURAM. 2. CHALAKUDY MUNICIPALITY, REP.BY THE SECRETARY. 3. THE HEALTH INSPECTOR & THE REGISTRAR OF BIRTHS AND DEATHS, CHALAKUDY MUNICIPALITY,CHALAKUDY. ADV.ASHOK KUMAR, SC GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.9650 of 2009 ================== Dated this the 30th day of March, 2009 J U D G M E N T The petitioner is a minor represented by her mother and guardian. The petitioner's father is Sajeev Velappan Nair. At the time of birth, the petitioner's father's name was mistakenly entered in the birth register as “Sajeev N.Nair”. The mother of the petitioner filed an application for correction of the same in the birth register. The same was rejected on the ground that the name of the father of the petitioner is registered as “Sajeev N. Nair” in the birth register and with that name, three certificates have already been issued on 19.11.1996, 6.1.2001 and 18.2.2009. Therefore, only if the petitioner returns those certificates, the name of the petitioner's father can be corrected is the stand taken by the 3rd respondent. Ext.P5 is the order passed in that regard. The petitioner is challenging Ext.P5 order and seeking the following reliefs in this writ petition: “a. Appropriate writ order or direction to quash Exhibit P5. b) Appropriate writ order or direction to respondents 2 and 3 to issue a new birth certificate with the name of the father as Sajeev Velappan Nair instead of Sajeev N.Nair as shown in Ext.P4.” 2. The stand of the 3rd respondent is that as per the Government orders on the subject, if the name included in the birth register has to be corrected after issue of a birth certificate with that 2 name, certificates originally issued have to be returned. 3. I am of opinion that such a condition is impracticable. A certificate of birth is obtained by a person for production before some authority. Once the same is produced before that authority, he would not be able to get it back. The fact that earlier, thrice, certificates have been issued with the name of the petitioner's father as “Sajeev. N.Nair”, cannot be held against the petitioner in so far as the petitioner cannot be expected to live with somebodyelse's name as her father for rest of her life in the official records. Therefore, once the 3rd respondent is satisfied that the real name of the petitioner's father is Sajeev Velappan Nair, the 3rd respondent is bound to correct the same in the birth register. Accordingly, this writ petition is allowed. Ext.P5 is quashed. The 3rd respondent is directed to correct the name of the petitioner's father in the birth register as Sajeev Velappan Nair. This shall be done within a period of two weeks from the date of receipt of a certified copy of this judgment. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge