IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 WP(C).No. 30838 of 2009(Y) ------------------------------------ PETITIONER(S): ------------------------- P.JAYARAJ, S/O. NARAYANAN NAMBIAR, AGED 49 RESIDING AT SATHISH NIVAS, MANGAD, KALLIASERI AMSOM, P.O.KALLIASERI,KANNUR. BY ADV. SMT.K.K.CHANDRALEKHA MR.GOPAKUMAR G. (ALUVA) RESPONDENT(S): ------------------------- THE REGISTRAR OF BIRTHS & DEATHS KANNUR MUNICIPALITY,KANNUR. BY ADV. MR.K.K.CHANDRA PILLAY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.30838 of 2009-Y = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 30th day of October, 2009. JUDGMENT 1.Adv.K.K.Chandran Pillai appears for the respondent. 2.The petitioner's daughter's name is shown as P.V.Jasna in the Register of Births and Deaths maintained by the respondent. The petitioner and his wife jointly applied for rectification of that name as 'Jasna Jayaraj'. That application (Ext.P1) has been rejected as per Ext.P2 order stating that the application cannot be allowed since the name of the child was recorded as P.V.Jasna on the basis of the application of the parents as per order issued on 23.6.1990. The respondent relied on a circular also. 3.The learned counsel for the petitioner argued that even in terms of the circular and the view taken by the respondent, the corrections of surname, initials etc. can be made on the basis WPC30838/09 -: 2 :- of a subsequent application. But, a reading of the entire reference made to that circular in Ext.P2 order, of which there is no dispute, would show that if the name is entered on the basis of the application of the parents, it cannot be, thereafter, modified by invoking the rule or circular. In cases where the surname happens to happen otherwise than on a written application of the parents, the second limb of the circular regarding the correction of the surname, initials etc. may be relevant. P.V.Jasna is the daughter of P.V.Krishnakumari. The choice of the initials 'P.V.' would not have been a unilateral decision of the municipal authorities. It is not possible to mulct the respondent with the liability for having shown the name of the petitioner's daughter as P.V.Jasna in the Registrar. However, it needs to be considered wither such a request could be granted, having regard to the fact that all certificates relating to education etc. have been WPC30838/09 -: 3 :- issued to the daughter of the petitioner showing her name as Jasna Jayaraj. This is only to remove the probable hurdles that the petitioner's daughter may face, with the passage of time, either with the passport authorities, migration authorities, visa authorities or otherwise, in the living global scenario. Taking that into consideration and holding that the respondent has not committed any wrong, it is ordered that rectification of the name of the petitioner's daughter Jasna Jayaraj shall be carried out on the strength of this judgment, if the petitioner pays an amount of Rs.2,500/- as costs to be payable towards the municipal fund. This shall be done within a period of three weeks from the date of receipt of a copy of this judgment and evidence of having made payment in terms of what is aforesaid. The writ petition is ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/141109