IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 WP(C).No. 23376 of 2010(V) -------------------------- PETITIONER(S): --------------- THUSHARA T.NAIR, AGED 19 YEARS, D/O. THULASIDHARAN NAIR, ALUMMOOTTIL HOUSE, NALKALIKAL P.O., KIDANGANNUR, ARANMULA VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.VARUGHESE M EASO SRI.VIVEK VARGHESE P.J. SRI.P.J.VINOD JOSEPH SRI.P.G.GOPALAKRISHNAN UNNITHAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM. 2. THE CHIEF REGISTRAR OF BIRTH AND DEATH REGISTRATION, OFFICE OF CHIEF BIRTH AND DEATHS REGISTRAR, THIRUVANANTHAPURAM. 3. THE REGISTRAR OF BIRTH AND DEATH REGISTRATION, RANNY - ANGADI GRAMA PANCHAYATH, GRAMA PANCHAYATH OFFICE, ANGADI P.O., RANNY TALUK, PATHANAMTHITTA DISTRICT. BY GOVERNMENT PLEADER SRI.V.MANU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.23376/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY THE 3RD RESPONDENT DT. 11/10/1993 EXT.P2. TRUE COPY OF THE RELEVANT PAGE OF THE SSLC BOOK EXT.P3. TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 3RD RESPONDENT DATED 23.6.2010. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.23376 of 2010 ----------------------------------------- Dated this the 7th day of September, 2010 JUDGMENT The petitioner was born on 7.9.1991 at Menathottam Hospital, within the local limits of Ranni Angadi Grama Panchayat. Her birth was registered on 19-9-1991. As per the information furnished by the petitioner's parents her name was entered as Chinnumol in the register of births and deaths maintained by the Ranni Angadi Grama Panchayat. However, in the school records the petitioner's name was entered as Thushara.T.Nair. Ext.P2 Secondary School Leaving Certificate establishes the said fact. With a view to correct her name in the register of births from Chinnumol to Thushara.T.Nair, she submitted Ext.P3 application dated 23.6.2010 before the Registrar of Births and Deaths, Ranni Angadi Grama Panchayat. The grievance voiced by the petitioner is that till date orders have not been passed thereon though the original of the Secondary School Leaving Certificate was produced before the 3rd respondent. The petitioner has stated that though her parents have also submitted an application seeking correction W.P(C).No.23376 of 2010 -:2:- of her name, orders have not been passed on that application also. The petitioner relies on the decisions of this Court in Sivanandan C. v. Registrar of Births and Deaths, 2007(3) KLT 721 and Varghese v. Director of Panchayat, 2008 (2) KLT 278 to contend that when she and her parents have moved for change of name in the register of births and deaths, on the ground that the name was erroneously entered in the register of births, the 3rd respondent ought to have entertained the application and passed orders thereon changing the name of the petitioner in the register of births from Chinnumol to Thushara T.Nair. 2. Though the 3rd respondent had been served he has not chosen to enter appearance to resist the writ petition. This Court has in Sivanandan C. v. Registrar of Births and Deaths, (supra) held that the Registrar of Births and Deaths has the power to correct the date of birth or the name of the child entered in the register of births and deaths, if a declaration is made by the person seeking such change, supported by affidavits sworn to by two credible persons having knowledge of the facts of the case. In the instant case the petitioner who is the person concerned has declared that her name is Thushara T.Nair and not Chinnumol. Her parents also support the said case. In such circumstances I am of the opinion that the 3rd W.P(C).No.23376 of 2010 -:3:- respondent should, on the petitioner producing a declaration duly signed by her parents, effect necessary changes in the register of births and deaths by changing the name of the petitioner as Thushara T. Nair and thereafter issue a fresh birth certificate to her on her paying the prescribed fee. Necessary steps in that regard shall be taken and completed within one month from the date on which the petitioner produces a certified copy of this judgment along with a declaration sworn to by her parents before the third respondent. The writ petition is disposed of with the above directions. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.23376 of 2010 ---------------------------- JUDGMENT 7th September, 2010