IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 WP(C).No. 8384 of 2011(W) --------------------------------- PETITIONER(S): -------------------- KAVANAL LALY ULAHANNAN,(LALY K.U.),D/O. ULAHANNAN, KAVANAL(H),UDAYAMPADY P.O.,PRESENT/ADDR. W/O.T.V.JOY, THACHETH HOUSE,KUMARAPURAM P.O., MORAKKALA,ERNAKULAM DT., REP.BY POWER OF ATTORNEY HOLDER P.V.XAVIER,S/O.P.C.VARGHESE,PALLIPARAMBIL, EDAPPALLY NORTH, ERNAKULAM DISTRICT. BY ADV. SRI.A.N.KUTTAN RESPONDENT(S): --------------------- 1. THE CHIEF REGISTRAR OF BIRTHS AND DEATHS, THIRUVANANTHAPURAM, PIN 695001. 2. POOTHRIKKA GRAMA PANCHAYATH, POOTHRIKKA, ERNAKULAM DISTRICT, REPRESENTED BY SECRETARY, PIN 682308. R1 BY GOVT. PLEADER SRI. BIJU MEENATTOOR R2 BY ADV. SRI.SAJEEV KUMAR K.GOPAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO.8384/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER BY THE VICAR OF THE CHURCH. P2: COPY OF THE RELEVANT PAGE OF THE S.S.L.C. BOOK. P3: COPY OF THE RELEVANT PAGE OF THE PASSPORT. P4: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY, POOTHRIKKA GRAMA PANCHAYATH. P5: COPY OF THE ORDER NO.A4-8655/2010 DATED 07/10/2010. P6: COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT CHIEF REGISTRAR. P7: COPY OF THE ORDER NO.B3-4829/11/L.DIS. DATED 23/02/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 8384 of 2011 --------------------------------------- Dated this the 28th day of October 2011. JUDGMENT This writ petition is filed seeking to quash Exts.P5 and P7 orders and for a direction commanding the respondents to give opportunity to allow the petitioner to have her date of birth corrected in the Register of Births and Deaths. 2. Petitioner's case is that she was born on 21.5.1968 and that she was baptised at the church on 30.7.1968. Petitioner submits that her date of birth was duly entered in the Baptism Register of the said church. Ext.P1 is the copy of the certificate issued by the vikar of the church. It is pointed out that the correct date of birth in the Baptism Register was noted in the school records when she was admitted in the primary class. The same date of birth is also entered in the S.S.L.C. Book and in the pass port . Photocopy of the relevant page of the S.S.L.C. Book is produced herewith and marked as Ext.P2. Photocopy of the relevant page of Passport is marked as Ext.P3. The petitioner submits that only recently she came to know that the date of birth was erroneously noted as W.P.(C) No.8384/2011 2 10.7.1968 in the Register of Panchayat. Petitioner submitted an application for correction of date of birth in the Register. Ext.P4 is the copy of the application. By Ext.P5 order dated 7.10.2010 the Secretary of the Grama Panchayat rejected the application stating that the law does not permit correction of date of birth noted in the Birth Register. Subsequently, the petitioner submitted a petition dated 17.1.2011 before the first respondent. The same was also stands rejected by Ext.P7 order dated 23.2.2011. 3. In the counter affidavit field by the 2nd respondent it is stated that the petitioner submitted an application requesting for correction of date of birth before the 2nd respondent on 30.9.2010 which was disposed of on 7.10.2010 and that the petitioner was informed by Ext.P5 order that the date of birth cannot be corrected and that the Chief Registrar has instructed in the Circular No. B1/2815/07 dated 20.3.2007 and B1 20741/69 dated 8.12.2010 that any correction in the birth and death register prior to 1.4.1970 shall be done only with the sanction of the Chief Registrar. W.P.(C) No.8384/2011 3 4. Learned counsel for the petitioner pointed out that Section 15 of the Registration of Births & Deaths Act, 1969 allows the Registrar to correct the wrong entries made in the birth register. The 1st respondent has the authority to correct an improper entry made in the birth register and corresponding entry 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 W.P.(C) No.8384/2011 4 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 procedures and not to prohibit such correction”. 6. In the facts and circumstances of the case, Exts.P5 and P7 orders are set aside. The 2nd respondent is directed to consider Ext.P4 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. The petitioner shall produce a copy of this judgment before the 2nd respondent for further action. The writ petition is disposed of as above. HARUN-UL-RASHID JUDGE al