IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 WP(C).No. 27770 of 2009(M) -------------------------- PETITIONER(S): --------------- VARGHESE, S/O.PAPPACHAN, AGED 44, PUNTHALAZHIKATHU SIJO BHAVAN, KOYIKKAL, EAST KALLADA, KOLLAM. BY ADV. SRI.K.S.MANU (PUNUKKONNOOR) SRI.P.SREEKUMAR RESPONDENT(S): --------------- 1. THE REGISTRAR OF BIRTHS AND DEATHS, ELAMPALLUR GRAMA PANCHAYAT, KUNDARA, KOLLAM. 2. THE ELAMPALLUR GRAMA PANCHAYAT, ELAMPALLOOR, KUNDARA, KOLLAM, REPRESENTED BY ITS SECRETARY. ADV. SRI.B.MOHANLAL FOR R1-2 GOVERNMENT PLEADER, SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.27770/2009-M ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 16th day of June, 2010 J U D G M E N T The petitioner is the father of one Sijo Varghese. The main prayer in the writ petition is for a direction to effect a correction in the birth register about the name of the son as Sijo Varghese instead of Sijo V. The name of the petitioner's son has been shown in the S.S.L.C book as Sijo Varghese. He is having a daughter named, Sibi Varghese. When the mistake with regard to the omission to include the surname in the birth register was noticed, an application was filed as per Ext.P5 before the respondent. Ext.P6 is the certificate issued by the Village Officer to the effect that the person whose name is noted in the S.S.L.C book as Sijo Varghese, and as Sijo V. in the Birth Register is one and the same. It is submitted by the learned counsel for the Panchayat that going by the Circular issued dated 20/03/2007, such a correction cannot be incorporated. It is pointed out that “Varghese” is the surname commonly used which is evident from the name of the daughter. 2. The learned counsel for the petitioner relied upon a recent Circular issued by the Local Administration Department as Circular No.68413/R.D.3/2009 dated W.P.(C). No.27770/2009 -:2:- 21/01/2010. It is stated in paragraph (7) of the said Circular that there is provision for including the initial or surname and both now. It is also mentioned that if the original entry does not include initial or surname both of them can be added. 3. The question is whether a correction as sought for by the petitioner can be included. The principle underlining the same has been declared in the Judgment of the Division Bench in Chalakudy Municipality v. Malavika [2009 (4) KLT 714]. The principles stated in paragraph (4) therein is thus:- “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. What is sought for is only an expansion of the initial which tallies with the S.S.L.C book. It is not a case where the petitioner wants to change the name or add a W.P.(C). No.27770/2009 -:3:- new name in the birth register. The name of the ward being Sijo V. what is sought for is an expansion of the initial 'V' into Varghese. Therefore, the same clearly comes within paragraph (7) of Circular dated 21/01/2010. Even otherwise, going by the principles stated in Malavika's case (supra), there cannot be any objection for entering the surname in the birth register. In that view of the matter, the objection taken by the respondent cannot survive. Therefore, there will be a direction to the first respondent to correct the name of the petitioner's son as Sijo Varghese in the original of Ext.P3 instead of Sijo V. and appropriate action will be taken and revised birth certificate will be issued to the petitioner within three weeks. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms