IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 WP(C).No. 3154 of 2010(T) ------------------------- PETITIONER(S): --------------- THOMAS JACOB, VARAVANNOOR VEEDU, KIZHAKKENCHERI, ALATHUR, PALAKKAD DISTRICT. BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN RESPONDENT(S): --------------- 1. THE REGISTRAR OF BIRTHS AND DEATHS/ SECRETARY, PULINKUNNU GRAMA PANCHAYATH, PULINKUNNU P.O. ALAPPUZHA. 2. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE LOCAK ADMINISTRATION DEPARTMENT, THIRUVANANTHAPURAM. 3. THE CHIEF REGISTRAR OF BIRTHS AND DEATHS, THIRUVANANTHAPURAM. MR.V.MANU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.3154/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF CERTIFICATE ISSUED BY THE ST.MARY'S FORANE CHURCH, PULINKUNNU DATED 04/01/2010. P2 : COPY OF RELEVANT PAGES OF THE SSLC BOOK. P3 : COPY OF RELEVANT PAGES OF THE PASSPORT. P4 : COPY OF CERTIFICATE ISSUED BY THE VILLAGE OFFICE, KIZHAKKENCHERI. P5 : COPY OF APPLICATION DATED 05/01/2010. P6 : COPY OF THE RECEIPT EVIDENCING THE SUBMISSION OF APPLICATION DATED 05/01/2010. P7 : COPY OF ORDER DATED 22/01/2010. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.3154 of 2010 (T) --------------------------------- Dated, this the 8th day of March, 2010 J U D G M E N T The petitioner challenges Ext.P7 order passed by the 1st respondent rejecting an application made by him seeking correction of the date of birth of his son, Mr.Joshwa Thomas Jacob. 2. According to the petitioner, though his son's date of birth is 01/09/1981, that was wrongly entered by the 1st respondent as 08/09/1981. It is stated that seeking correction of the date of birth as entered in the Register, he made Ext.P5 application to the 1st respondent, which is now rejected by Ext.P7. Reason stated in Ext.P7 is that the date of birth was entered on the basis of the intimation given from Matha Hospital, Kannadi on 14/09/1981, to the effect that the petitioner's son was born on 08/09/1981. The learned counsel for the petitioner submits that in Ext.P1 baptism certificate issued by the Church, his date of birth is shown as 01/09/1981. Reference is also made to Ext.P2, the extract of the SSLC book, where also the date of birth is 01/09/1981. His WP(C) No.3154/2010 -2- passport, Ext.P3, also shows that his date of birth is 01/09/1981. It is stated that although, these documents were produced before the 1st respondent, without making any reference to these documents, relying entirely on an erroneous intimation allegedly given from the Hospital, that his request was rejected. 3. If as stated by the petitioner, Exts.P1 to P3 documents were also available before the 1st respondent, the 1st respondent should have necessarily adverted to these documents also, while considering Ext.P5 application. Ext.P7 order shows that these documents have not been referred to. Therefore, I am inclined to think that Ext.P7 reflects non consideration of relevant documents and for that reason, the said order is vitiated. Therefore, I quash Ext.P7 order with a direction to the 1st respondent to reconsider Ext.P5 application in the light of the documents produced by the petitioner and pass orders thereon. This shall be done as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg