IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 WA.No. 922 of 2009 ---------------------------------- AGAINST THE JUDGEMENT IN WPC.4195/2009 Dated 04/03/2009 .................... APPELLANT/PETITIONER ------------------------------------ JACOB M.P., S/O.P.J.PAUL, AGED 36, MANGALASSERY HOUSE, AMICHAKARY, CHAMBAKKULAM, ALAPPUZHA. BY ADV. SRI.S.SANAL KUMAR RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. THE REGISTRAR GENERAL OF BIRTHS AND DEATHS, TRIVANDRUM. 2. THE SECRETARY, CHAMBAKKULAM GRAMA PANCHAYATH, ALAPPUZHA. R1 BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K.Basheer, J. ------------------------------------------ W.A.No.922 of 2009 ------------------------------------------ Dated this the 18th day of August, 2009 JUDGMENT S.R.Bannurmath, C.J. Aggrieved by the judgment of the learned Single Judge dated 4th March, 2009 in W.P.(C) No.4195 of 2009, the present writ appeal is filed. 2. The case of the petitioner/appellant is that though he is born on 10.7.1972 and his father's name is P.J.Paul and mother's name is Lillykutty, in the birth records his date of birth is shown as 11.9.1972 and his father's name as Ouseph Pilo and mother's name as Rosa, which were incorrect and as such he approached the concerned authority under the Registration of Births and Deaths Act, 1969. The authority rejected his claim as per Ext.P3 on the ground that the application is incomplete and no such change as asked for by the petitioner/appellant can be made. Considering the fact that the petitioner/appellant intends to change the entire identity by W.A. No.922 of 2009 - 2 - changing the names of his parents, his date of birth etc, the learned Single Judge declined to grant the prayer of the petitioner/appellant. Hence the present appeal. 3. Relying upon the pronouncement of a learned Single Judge in the case of Meena v. Corporation of Cochin reported in 2004 (2) KLT 1118, it is vehemently contended that as the Rules framed by the Kerala Government permit such correction and change of entire identity of the person, the learned Single Judge was not justified in declining to grant the relief. 4. On a perusal of the said judgment, it is to be noted that the view of the learned Single Judge is that though under Section 15 of the Act only correction of entries regarding births and deaths have been envisaged, since the Rules take care of the other situations, it is permissible to change the other particulars also. We do not think that this is the correct proposition of law. When the Act itself does not permit such changes other than regarding births and deaths, the Rules cannot go contrary or W.A. No.922 of 2009 - 3 - beyond to the parental section in the Act. In the present case, as already noted, the petitioner/appellant not only wants to change his name and dater of birth, but also the names of his parents, both father and mother, and in this regard no acceptable material also is available as to the clear identity of the parentage and date of birth. Hence we find that the conclusions arrived at by the learned Single Judge are justified and needs no interference. Therefore, the writ appeal is dismissed. S.R.Bannurmath, Chief Justice A.K.Basheer, Judge vns/vku