IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 WP(C).No. 23735 of 2008(A) -------------------------- PETITIONER(S): --------------- M.P. ANTONY, S/O. PAULO, AGED 45, MELAPPILLY HOUSE, PULIYANAM.P.O, KURAKKADAVU PANCHAYATH, ANGAMALI. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT(S): --------------- 1. THE REGISTRAR OF BIRTH AND DEATHS, MUNICIPAL OFFICE, ANGAMALI. 2. THE DIRECTOR, LITTLE FLOWER HOSPITAL, ANGAMALI. ADDL.R3: THE VILLAGE OFFICER, PARAKKADAVU VILLAGE OFFICE, ANGAMALI, (IMPLEADED AS ADDL.RESPONDENT 3 AS PER ORDER DTD 28.8.08 IN I.A.11296/08) ADV. SRI.P.SANTHALINGAM (SR.) FOR R1 SRI.S.SHARAN FOR R1 SRI.J.JULIAN XAVIER FOR R2 SRI.FIROZ K.ROBIN FOR R2 GOVERNMENT PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23735 of 2008 EXT.P1: COPY OF BAPTISM CERTIFICATE DTD 12.6.08 ISSUED FROM ST. GEORGE FERONE CHURCH. EXT.P2: COPY OF CERTIFICATE DTD 13.6.08 ISSUED FROM ST. ANTONY'S CHURCH, ELAVOOR. EXT.P3: COPY OF LETTER DTD 3.3.08 ISSUED BY R1. EXT.P4: COPY OF BIRTH CERTIFICATE DTD 8.7.08. EXT.P5: COPY OF LETTER DTD 28.7.08 ISSUED BY R1. EXT.R1(a): COPY OF THE BIRTH REPORT DTD 13.5.1992. EXT.R1(b): COPY OF THE CIRCULAR NO.B1.2815/07 DTD 20.3.2007 ISSUED BY PANCHAYAT DIRECTORATE, THIRUVANANTHAPURAM. EXT.R1(c): COPY OF THE LETTER NO.PH2.1227/2008 DTD 13.6.2008 ISSUED BY R1 TO THE ADMINISTRATOR, LITTLE FLOWER HOSPITAL, ANGAMALI. EXT.R1(d): COPY OF THE REPLY NO.PH2.4603/2008 DTD. 28/7/2008 ISSUED BY R1 TO THE ANTONY & MOLLY, MELAPPILLY HOUSE, PULIYANAM. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No. 23735 OF 2008 ---------------------------------------- Dated this the 30th day of September, 2008 JUDGMENT The petitioner's daughter, Anitta Antony, was born on 13.5.1992 at the 2nd respondent's hospital. The petitioner and his wife applied for and obtained a birth certificate of their daughter. However in the same the sex of their daughter was shown as a 'male'. The petitioner sought correction of the said mistake in the birth register and the birth certificate. By Ext.P3, the petitioner was informed by the 1st respondent that as per the information received by him, the child born to the petitioner and his wife on 13.5.1992 was a male child and without a proper certificate from the 2nd respondent's hospital, the same cannot be corrected. Unfortunately for the petitioner the 2nd respondent also takes the stand that as per their records, the child is a male child. The petitioner, therefore, seeks the following relief: “i) issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 1 st respondent to issue birth certificate of petitioner's daughter Anitta Antony after correcting her sex as female in the birth register forthwith.” W.P.(c)No.23735/08 2 2. In view of the controversy, I directed the concerned Village Officer to conduct necessary enquiries as to the sex of the child born to the petitioner and his wife on 13.5.1992 and to submit a report. Now, the Village Officer has submitted a report dated 15.9.2008 certifying that the child born on 13.5.1992, at the Angamaly Little Flower Hospital, to the petitioner and his wife Molly was a female child. Therefore, obviously, a mistake has been committed by the 2nd respondent in recording and reporting the birth of the petitioner's child which requires to be corrected. Accordingly, the 1st respondent is directed to make appropriate corrections in the birth register, relating to Ext.P4, correcting the sex of the petitioner's child Anitta Antony as a 'female' instead of male. This shall be done and fresh birth certificate issued to the petitioner showing the sex of the petitioner's daughter as a 'female', within a period of three weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.23735/08 3