IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 WP(C).No. 30636 of 2011(D) -------------------------- PETITIONER(S): --------------- BINI VARUGHESE, D/O.K.C.VARGHESE,KARUVALLIL HOUSE, VENNIKULAM P.O,PURAMATTAM VILLAGE, MALLAPPALLY TALUK, PATHANAMTHITTA DIST BY ADV. SRI.VARUGHESE M EASO SRI.VIVEK VARGHESE P.J. SRI.P.J.VINOD JOSEPH RESPONDENTS: --------------------- 1. STATE OF KERALA, REP.BY THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT ,TRIVANDRUM-695001 2. THE CHIEF REGISTRAR OF BIRTH AND DEATH REGISTRATION, O/O.THE CHIEF BIRTH AND DEATHS REGISTRAR, THIRUVANANTHAPURAM-695001 3. THE REGISTRAR OF BIRTH AND DEATH REGISTRATIN,KOIPURAM GRAMA PANCHAYTH, GRAMA PANCHAYATHU OFFICE, PULLADU P.O.,THIRUVALLA TALUK, PATHANAMTHITTA DIST-689548 BY GOVT.PLEADER BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JM WP(C).No. 30636 of 2011 APPENDIX PETITIONER'S EXHIBITS EXT.P1:- TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY 3RD RESPONDENT EXT.P2:- TRUE COPY OF THE RELEVANT PAGES OF SSLC BOOK OF THE PETITIONER EXT.P3:- TRUE COPY OF THE PETITIONER'S ELECTORAL ID CARD EXT.P4:- TRUE COPY OF THE PETITIONER'S MOTHER'S ELECTORAL ID CARD EXT.P5:- TRUE COPY OF RATION CARD OF PETITIONERS FAMILY EXT.P6:- TRUE COPY OF THE APPLICATION BY THE PETITIONER DTD 10/11/11 TO THE 3RD RESPONDENT EXT.P7:- TRUE COPY OF THE NOTARIZED COPY OF AFFIDAVIT DT.10/11/2011 BY THE PETITIONER'S PARENTS EXT.P8:- TRUE COPY OF THE POSTAL RECEIPT DTD 11/11/11 EXT.P9:- TRUE COPY OF THE CIRCULAR B1-2815/2007 DTD 7/11/2007 ISSUED BY THE 2ND RESPONDENT. EXT.P10:- TRUE COPYOF THE ORDER OF THIS HONORABLE COURT DTD 5/12/07 IN WPC-35936/2007. RESPONDENTS' EXHIBITS : NIL \\ TRUE COPY \\ PA TO JUDGE JM HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.30636 OF 2011 ------------------------------- DATED THIS THE 13TH DAY OF DECEMBER, 2011 JUDGMENT Writ Petition is filed for a direction commanding the 3rd respondent to consider Ext.P6 application for correction of the names of the petitioner and her mother in Ext.P1 birth certificate, according to the SSLC book of the petitioner. 2. Petitioner submits that her correct name is 'Bini Varghese' and her mother's name is 'Aleyamma Varghese'. According to the petitioner, the names of the petitioner and her mother are incorrectly entered in Ext.P1 birth certificate as 'Bini Varghese' and 'Lizzy Varghese' respectively. The petitioner produced all the originals of the school certificate, ration card, electoral ID card and also the sworn affidavit of the parents of the petitioner before the 3rd respondent for perusal and satisfaction. It is submitted that the petitioner had got the information that the hospital authorities mistakenly entered her name and her mother's name erroneously. But -2- W.P.(C).No.30636/2011 as per the records and the certificates, the actual name of the petitioner is 'Bini Varghese' and the actual name of her mother is 'Aleyamma Varghese'. Petitioner produced true copy of the relevant pages of the SSLC book as Ext.P2, true copies of Electoral ID card of the petitioner and her mother as Exts.P3 and P4 and the true copy of the ration card as Ext.P5. Petitioner submitted Ext.P6 application dated 10/11/2011 before the 3rd respondent for correction of her name and her mother's name in the birth certificate and the same is pending consideration. Ext.P7 is the copy of the notarized affidavit dated 10/11/2011 produced along with Ext.P6 application. 3. Petitioner submits that she had successfully completed her professional studies and is trying to get a job in abroad. It is also submitted that if the birth certificate will not be corrected, she will lose her chance to go abroad for employment. 4. Learned counsel for the petitioner pointed out that 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 -3- W.P.(C).No.30636/2011 3rd respondent has the authority to correct improper entries made in the birth register and corresponding entries in the birth certificate. 5. 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 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.” -4- W.P.(C).No.30636/2011 6. In the facts and circumstances of the case, this writ petition is disposed of directing the 3rd respondent to consider Ext.P6 application on merits and allow the correction on being satisfied that it requires such a correction. The order shall be passed within a period of one month from the date of receipt of a copy of this judgment. HARUN-UL-RASHID, JUDGE. kcv.