IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 WP(C).No. 36609 of 2008(G) -------------------------------------- PETITIONER(S): ----------------------- DENNIS SEBASTIAN (MINOR),AGED 15 YEARS, KANNANMANNIL (H), MANARAKULANJI, REPRESENTED BY HIS FATHER, K.J. SEBASTIAN, KANNANMANNIL HOUSE, MANARKULANJI.P.O, MALAYALAPUZHA. BY ADV. SRI.ARUN.B.VARGHESE RESPONDENTS: ------------------------ THE REGISTRAR OF BIRTH AND DEATH REGISTRATION, KOTTAYAM MUNICIPALITY, KOTTAYAM. ADVS. SRI.PHILIP J.VETTICKATTU SRI.SIBY MATHEW THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J - - - - - - - - - - - - - - - - - - - - - - - W.P(C)No. 36609 of 2008 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of January, 2009 J U D G M E N T The petitioner is a minor represented by his father. Petitioner's birth was registered in the birth register maintained by the respondent. In that, his name is entered as Jaquim Joy Sebastian. However, his name in the official records is Dennis Sebastian. Petitioner submits that originally he obtained an extract of his birth register in the name 'Jaquim Joy Sebastian'. However, since his name in the official records is Dennis Sebastian, he wanted to change the name as Dennis Sebastian in the birth register. Therefore the petitioner applied for an extract from the birth register in the name Dennis Sebastian which has been rejected by Ext.P6 order. According to the petitioner, going by Ext.R1 (a) circular issued by the Government although name once entered in the birth register cannot be later changed, if at the time of birth, pet name was included in the birth register, parents can apply for inclusion of the official name in the birth register and if on enquiry by the respondents it is found to be correct, such change can be entered in the birth register. The petitioner therefore seeks the following reliefs: W.P(C)No. 36609 of 2008 - 2 - “(1) To issue a writ of certiorari or any other writ or order calling for the records relating to Ext.P6 and quash the same. (2) To issue a writ of mandamus or any other writ or order directing the respondent to correct the name of the petitioner in the record as Dennis Sebastian instead of Jaquim Joy Sebastian and to issue a fresh birth certificate to the petitioner in the name of Dennis Sebastian.” Although an affidavit has been filed by the respondent contesting the claim of the petitioner in view of Ext.R1(a) circular, the respondent is bound to make appropriate enquiry to see whether the claim of the petitioner that the name included in the birth register is his pet name and whether the official name can be included in the birth register. In the above circumstances, the writ petition is disposed of with a direction to the respondent to make appropriate enquiries and if on enquiry it is formed that the name Jaquim Joy Sebastian entered in the birth register is his pet name and his official name of the petitioner is Dennis Sebastian, changes to issue a copy of the extract of the birth register including such official name of the petitioner. The above process shall be completed, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of the judgment. It would be open to the petitioner to produce appropriate documents in support of his claim. S.SIRI JAGAN, JUDGE rhs