IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 WP(C).No. 9158 of 2011(T) -------------------------------------- PETITIONER(S): ------------------------ 1. P.A.VARGHESE, PAZHAMANNIL, THEADICAL P.O., THIRUVALLA. 2. LEELAMMA VARGHESE, PAZHAMANNIL, THEADICAL P.O., THIRUVALLA. BY ADV. SRI.ARUN.B.VARGHESE RESPONDENT(S): --------------------------- THE REGISTRAR OF BIRTH AND DEATH REGISTRATION, THIRUVALLA MUNICIPALITY, THIRUVALLA-689 695. BY ADV.S. SUBHASH CHAND THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.9158 OF 2011 -------------------------------------------- Dated this the 4th day of April, 2011 JUDGMENT The petitioners who are the parents of one Lincy Varghese filed this Writ Petition mainly with the prayer to issue a writ of mandamus commanding the respondent to carry out corrections sought for by them through Ext.P6 and to issue a fresh birth certificate. The further prayer is for issuance of a writ of mandamus commanding the respondent to take action on Ext.P6 in the light of Exts.P2, P3, P4 and P5. Ext.P5 is circular No.B1-20741/2009 dated 8.12.2010. The contention of the petitioners is that the respondent is bound to consider Ext.P6 application submitted by them for correction in the light of Ext.P5. Clause 7.6 in Ext.P5 deals with the power of the Registrar to effect corrections in the birth certificate. The procedure prescribed thereunder includes an enquiry. Going by the said provision, an applicant has to produce the documents specifically mentioned thereunder in order to get correction in the birth certificate. On receipt of such an application along with the required documents, the concerned authority has to conduct an enquiry and the entitlement or W.P.(C) NO.9158/2011 2 otherwise would depend upon the result of enquiry. The learned Government Pleader submitted that Ext.P6 cannot be construed as a proper application and that it was unaccompanied by documents specifically required to be produced in terms of the provisions under clause 7.6 in Ext.P5. In the said circumstances, this Writ Petition is disposed of with the following directions:- It will be open to the petitioners to submit a proper application for the purpose of getting correction in the birth certificate pertaining to their daughter Lincy Varghese. In case the petitioners submit a proper application and produce all the documents required to be produced in terms of clause 7.6 in Ext.P5, the respondent shall conduct an enquiry and pass orders thereon. This shall be done expeditiously, at any rate, within a period of one month from the date of receipt of such application along with the required documents. The petitioners shall also produce a copy of this judgment along with the application. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.9158/2011 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.9158/2011 4