IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WP(C).No. 24129 of 2011(M) ---------------------------------------- PETITIONER(S): ------------------------ SHREELATHA,AGED 35 YEARS, W/O.SASIKUMAR M.P,PADINJARE VEETIL, KADAPRA,MANNAR P.O, NIRANAM,THIRUVALLA. BY ADV. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENT(S): --------------------------- 1. MAVELIKKARA MUNICIPALITY, REP.BY SECRETARY,MAVELIKKARA. ALAPPUZHA, PIN -690 101. 2. HEALTH INSPECTOR GRADE 1 AND REGISTRAR OF BIRTH AND DEATH, MAVELIKKARA MUNICIPALITY, MAVELIKKARA, ALAPPUZHA DISTRICT,PIN- 690 101. BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.24129/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE BIRTH CERTIFICATE ISSUED ON 2/4/98 BY THE 2ND RESPONDENT P2 COPY OF THE RELEVANT PAGE OF THE OFFICIAL GAZETTE DATED 11/1/2011 P3 COPY OF THE PASSPORT BEARING NO.J 5110418 ISSUED BY PASSPORT OFFICE TRIVANDRUM. P4 COPY OF THE BIRTH CERTIFICATE ISSUED BY THE 2ND RESPONDENT AFTER THE CHANGE OF NAME OF THE MINOR “SHALINI SASIKUMAR @ SHEETHAL SASIKUMAR” DATED 26/7/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 24129 OF 2011 ------------------------------- DATED THIS THE 15TH DAY OF DECEMBER, 2011 JUDGMENT Writ petition is filed for a direction commanding the respondents to correct Ext.P4 birth certificate by showing the changed name alone of the minor child of the petitioner so as to enable the petitioner to change the name of the minor in the school records or to issue another birth certificate to the petitioner showing the changed name of the minor alone. 2. Petitioner is the mother and natural guardian of the minor by name Shalini Sasikumar. Shalini Sasikumar was born on 2/1/1998 at S.K.P. Nursing Home at Mavelikkara and the birth of the child was registered on 20/1/98 before the 2nd respondent. Ext.P1 is the copy of the birth certificate, wherein the name of the child is recorded as Shalini Sasikumar. 3. Ext.P2 is the copy of the relevant page of the notification published in the Official Gazettee dated 11/1/2011. In Ext.P2 it is -2- W.P.(C).No.24129/2011 notified that hereinafter the minor child will be known by name Sheethl Sasikumar. Ext.P3 is the copy of the relevant pages of the passport of the minor child, wherein the name of the child is entered as Sheethal. 4. On the basis of the aforementioned records, the petitioner requested the 2nd respondent to issue birth certificate of the minor child showing the name as Sheetal Sasikumar. But the 2nd respondent issued Ext.P4 birth certificate showing the name of the minor child as Shalini Sasikumar @ Sheethal Sasikumar. It is pointed out that in fact the name Shalini Sasikumar has already been changed and the present name of the minor is Sheethal Sasikumar. 5. In the aforesaid circumstances, the petitioner approached this Court for the aforesaid reliefs. Petitioner contends that though the respondents are duty bound to make the changes in Ext.P4 as per Ext.P2, they are not making correction. 6. Learned counsel for the petitioner pointed out that -3- W.P.(C).No.24129/2011 Section 15 of the Registration of Births and Deaths Act, 1969 allows the Registrar to correct the wrong entries made in the birth register. The 2nd respondent has the authority to correct an improper entry made in the birth register and corresponding entry in the birth certificate. 7. This Court had occasion to consider similar question in the case reported in Shipna Jose v. Registrar (2010 (2) KLT 978). This Court considered similar questions and held that Section 15 of the Registration of Births and Deaths Act, 1969 allows correction or cancellation of entry in the Register of Births and Deaths, that the legal position has now been laid down in the later decision by the Division Bench of this Court reported in Chalakudy Municipality v. Malavika (2009 (4) KLT 714). The Division Bench after considering various aspects laid down the law which reads as follows: “The law does not contemplate a person to have a wrong name in the register or a mistaken identity in the register or to have wrong particulars regarding the date, place etc. in the register of birth -4- W.P.(C).No.24129/2011 or death. It is also to be noted that the Registration of Births and Deaths Act, 1969 does not create or extinguish any right; the Act is intended only to regulate the process and procedures of registration of births and deaths and the correction of any such entry. Once the Act permits such correction either in form or substance, the Rules are intended only to regulate the procedure and not to prohibit such correction.” 8. In the aforesaid circumstances, the writ petition is disposed of directing the 2nd respondent to consider the application for correction afresh and allow the request for correction on being satisfied that it requires such a correction. The order shall be passed within one month from the date of receipt of a copy of this judgment. If no application is pending consideration before the 2nd respondent, petitioner shall submit a fresh application before the 2nd respondent within a period of two weeks from the date of receipt of a copy of this judgment. HARUN-UL-RASHID, JUDGE. kcv.