IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 WP(C).No. 25578 of 2011(U) ---------------------------------- PETITIONER(S): ------------------- MUSTHAFA K.H, S/O HASSANKANI RAWTHER, AGED 52 YEARS, KAITHAMALATHAZHE HOUSE, ETTUMANOOR P.O., ATHIRAMPUZHA VILLAGE, KOTTAYAM - PIN 686 631. BY ADV. SRI. M.P.RAMNATH SRI. P.RAJESH (KOTTAKKAL) SRI. M.VARGHESE VARGHESE RESPONDENT(S): -------------------- THE REGISTRAR OF BIRTHS AND DEATHS, ETTUMANOOR GRAMA PANCHAYATH, ETTUMANOOR P.O., KOTTAYAM DISTRICT - PIN 686 631. BY GOVERNMENT PLEADER SRI. BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BKA WP(C).No. 25578 of 2011(U) APPENDIX PETITIONER'S EXHIBITS: EXT. P1: COPY OF THE BIRTH CERTIFICATE ISSUED BY the 1ST RESPONDENT SHOWING THE WRONG NAME AS THANSI MUSTHAFA EXT. P2: COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE RESPONDENT IN THE FORM GIVEN BY THE RESPONDENT, FOR CORRECTION OF NAME OF THE MINOR DAUGHTER. EXT. P3: COPY OF WRITTEN REPRESENTATION SUBMITTED BY THE PETITIONER AND HIS WIFE BEFORE THE RESPONDENT DATED 05.09.2011. EXT. P4: COPY OF THE CERTIFICATE BEARING NO.5304/2011 ISSUED BY THE VILLAGE OFFICER ATHIRAMPUZHA CERTIFYING THE CORRECT NAME OF THE CHILD AS THASLIMA MUSHTAFA. EXT. P5: COPY OF CERTIFICATE DATED 04.09.2011 ISSUED BY THE M.L.A. ETTUMANOOR CONSTITUECY SRI. SURESH KURUP CERTIFYING THE CORRECT NAME OF THE CHILD AS THASLIMA MUSHTAFA. EXT. P6: COPY OF THE CERTIFICATE DATED 01.09.2011 ISSUED BY THE BLOCK PANCHAYATH MEMBER AND THE WELFARE STANDING COMMITTEE CHAIRMAN OF ETTUMANOOR BLOCK PANCHAYATH SR. RENJITH GEORGE CERTIFYING THE CORRECT NAME OF THE CHILD AS THASLIMA MUSTHAFA. EXT. P7: COPY OF THE CERTIFICATE ISSUED BY THE HEADMISTRESS OF ST. MARY'S GIRLS HIGH SCHOOL, ATHIRAMPUZHA WERE THE CHILD IS STUDYING CERTIFYING THE NAME OF THE CHILD AS THASLIMA MUSTHAFA IN THE SCHOOL REGISTER, AND HER DATE OF BIRTH AND THAT SHE IS STUDYING IN CLASS X. EXT. P8: COPY OF ELECTION ID CARD BEARING NO.FPD1319813 OF THE PETITIONER MUSHTAFA K.H. EXT. P9: COPY OF ELECTION ID CARD BEARING NO.ZMG0204156 OF THE PETITIONER'S WIFE MARIYATH. EXT. P10: COPY OF THE AFFIDAVIT FILED BY THE PETITIONER MUSHTAFA K.H. BEFORE THE RESPONDENT DATED 05.09.2011. (cntd.............2) WP(C).No. 25578 of 2011(U) ::2:: EXT. P11: COPY OF THE AFFIDAVIT FILED BY THE PETITIONER'S WIFE MARIYATH BEFORE THE RESPONDENT DATED 05.09.2011. EXT. P12: COPY OF THE ORDER DATED 12.09.2011 REJECTING EXT. P2 APPLICATION FOR NAME CORRECTION, ISSUED BY THE RESPONDENT. EXT. P13: COPY OF THE CIRCULAR DATED 08.12.2010 BEARING NO:B1-20741/2009 OF THE DIRECTOR OF PANCHAYATH REFERRED TO IN EXT. P12 ORDER. EXT. P14: COPY OF THE CERTIFICATE ISSUED FROM THE ETTUMANOOR ATHIRAMPUZHA MUSLIM JAMA ATH HAVING WAKF BOARD REGN NO. B5/3420/RA STATING THAT THASLIMA MUSTHAFA WAS A STUDENT FROM CLASS I TO VI IN THEIR MADARASA. RESPONDENT(S) EXHIBITS: NIL //TRUE COPY// PA TO JUDGE BKA HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.25578 Of 2011 ---------------------- Dated this the 2nd day of November, 2011. J U D G M E N T The writ petition is filed seeking to quash Ext.P12 order and for a direction commanding the 1st respondent to correct the name of the petitioner's child as 'Thaslima Mushtafa' after deleting/correcting the present entry 'Thansi Musthafa', within a time frame to be fixed by this Court. 2. Petitioner is aggrieved by Ext.P12 order passed by the 1st respondent rejecting the application for correction. The petitioner submits that his daughter's name is 'Thaslima Mushtafa' and her date of birth is 11.1.1996 and was born at Vimala Hospital, Ettumanoor. It is stated that her given name by all the records and at home, School and everywhere is 'Thaslima Mushtafa' and that by a mistake in the birth register her name is shown as 'Thansi Musthafa'. It is pointed out that the child's name was wrongly entered in the birth register by an inadvertent mistake as 'Thansi Musthafa' instead of 'Thaslima Mushtafa'. Ext.P1 is the photocopy of the birth certificate issued by the 1st respondent. The petitioner's child is now studying in class X in St.Mary's Girls High School, Athirambuzha. The petitioner ::2:: W.P.(C).No.25578 Of 2011 submits that he came to know about the mistake only when the school authorities informed the petitioner about the mistake in the name of the petitioner's daughter. It is also pointed out that the petitioner's daughter's name has to be registered for SSLC examination in the current academic year and in the above said circumstances, the petitioner approached the respondent for correction of name by submitting Ext.P2 application. Ext.P2 is the copy of the written representation submitted by the petitioner and his wife before the respondent on 5.9.2011. Ext.P4 is the copy of the certificate issued by the Village Officer certifying the correct name of the child as Thaslima Mushtafa. Ext.P5 is the copy of the certificate dated 4.9.2011 issued by the M.L.A, Ettumanoor constituency certifying the name of the child as Thaslima Mushtafa and Ext.P6 is the certificate dated 1.9.2011 issued by the Block Panchayath member and the Welfare Standing Committee Chairman, Ettumanoor Block Panchayath certifying the correct name. The petitioner also produced Ext.P7 certificate issued by the Headmistress of St.Mary's Girls High School, wherein the child is at present studying, certifying the name of the child as 'Thaslima Mushtafa' as per school register. ::3:: W.P.(C).No.25578 Of 2011 The petitioner also produced Exts.P8 & P9 which are copies of the election I.D card of the petitioner and his wife. It is submitted that Exts.P3 to P11 are submitted before the respondent along with Ext.P2 application. Ext.P12 is the order rejecting Ext.P2 application for name correction. 3. The 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 respondent has the authority to correct an improper entry made in the birth register and corresponding entry in the birth certificate. 4. This Court had occasion to consider similar question in the decision 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: ::4:: W.P.(C).No.25578 Of 2011 “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. 5. In the facts and circumstances of the case, Ext.P12 order is set aside. The respondent is directed to consider Ext.P2 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, after affording an opportunity of being heard to the petitioner. The writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-