IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 WP(C).No. 5230 of 2009(W) ------------------------- PETITIONER(S): --------------- VIJU GOPALAKRISHNA PANICKER,37,TECHNICAL SUPPORT ENGINEER,LUMENIS INC.,5302 BETSY ROSSDRIVE SANTA CLARA,CA95054,R/AT GOVINDAM,H.NO.158C, MEKKARA,THRIPUNITHURA,R/BY FATHER & P/A HOLDER K.GOPALAKRISHNA PANICKER,GOVINDAM,H.NO.158C, MEKKARA,TRIPUNITHURA,EKM. BY ADV. SRI.SHAJI P.CHALY SRI.R.SANJITH RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT, SECRETARIT, THIRUVANANTHAPURAM. 2. THE BIRTH AND DEATH CHIEF REGISTRAR, (PANCHAYATH DIRECTOR), OFFICE OF THE DIRECTOR OF PANCHAYATH, THIRUVANANTHAPURAM. 3. TRIPUNITHURA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, TRIPUNITHURA. 4. THE REGISTRAR OF BIRTHS AND DEATHS (HEALTH INSPECTOR GR.II) THRIPUNITHURA MUNICIPALITY, TRIPUNITHURA. GOVERNMENT PLEADER SMT.K.R.DEEPA ADV.V.M.KURIAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.5230 OF 2009 ================== Dated this the 20th day of February, 2009 J U D G M E N T The petitioner's name is entered in the birth register maintained by the 4th respondent as “Panicker Viju Gopalkrishna”. According to the petitioner, his name as given in the passport is “Viju Gopalakrishna Panicker”. The petitioner's application before the 4th respondent for correction of his name as “Viju Gopalakrishna Panicker” is not being considered by the 4th respondent, is the grievance of the petitioner. Therefore, the petitioner seeks a direction to the 4th respondent to correct the name of the petitioner as “Viju Gopalakrishna Panicker” and to issue a certified extract of the birth register. 2. A counter affidavit has been filed by the 4th respondent. The counsel for the 4th respondent opposes the prayer of the petitioner. According to the standing counsel, originally the name of the petitioner was “Vijayakumar”. Subsequently he sought correction of the same on the basis of SSLC certificate which has been granted. The same has accordingly been corrected as “Panicker Viju Gopalakrishna”. The contention of the 4th respondent is that now the same cannot again be corrected as “Viju Gopalakrishna Panicker” on the basis of the passport. 3. I have considered the rival contentions in detail. 4. The two names themselves abundantly make it clear that essentially there is no difference. It is only a rearrangement of the 2 name. Gopalakrishna Panicker is the name of the father of the petitioner and the name of the petitioner is “Viju”. Normally in Kerala parlance, there is a practice of adding the name of the father after the name of a person which only has been done in the passport. Now the petitioner is facing difficulties because the name in the passport differs with the name in the birth certificate. Section 15 of the Kerala Registration of Births and Deaths Act permits such correction. In fact this Court has in the decisions in Varghese v. Director of Panchayat [2008 (2) KLT 278] and Registrar of Births and Deaths v. Pathrose [2007 (2) KLT 358] also held that such corrections are permissible. In the above circumstances, I am satisfied that the 4th respondent can be directed to correct the name of the petitioner in the birth register as requested for by the petitioner. Accordingly, I direct the 4th respondent to make appropriate corrections in the birth register and issue a birth certificate to the petitioner in the correct name, as expeditiously as possible, at any rate, within two weeks from the date of receipt of a certified copy of this judgment. If the petitioner makes an appropriate application for correction of the name of the mother also, the same shall also be considered and disposed of by the 4th respondent in accordance with the above judgments, within two weeks from the date of receipt of the application. Writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 3