IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 WA.No. 742 of 2009(E) ---------------------------------------- AGAINST THE JUDGEMENT IN WPC.536/2009 Dated 19/01/2009 .................... APPELLANTS/RESPONDENTS 1 AND 2 ------------------------------------------------------- 1. REGISTRAR OF BIRTHS AND DEATHS AND HEALTH INSPECTOR, GRADE I, KANHANGAD MUNICIPALITY, KASARAGOD DISTRICT. 2. SECRETARY, KANHANGAD MUNICIPALITY. BY ADV. SRI.K.T.SHYAMKUMAR SMT.P.K.PRIYA SRI.K.V.SREE VINAYAKAN SMT.A.B.BEENU RESPONDENTS/PETITIONER AND RESPONDENTS 3 AND 4 ------------------------------------------------------------------------------------ 1. JOSE ELICKAL, ANNUR.P.O, MOORIKOVAL, PAYYANUR, KANNUR. 2. CHIEF REGISTRAR OF BIRTHS AND DEATHS, THIRUVANANTHAPURAM. 3. PRIYADARSHINI HOSPITAL, DEEPA NURSING HOME, KUNNUMMAL.P.O,KANHANGAD. R1 BY ADV. SRI. GEORGE MECHERIL R2 BY SR. GOVT. PLEADER SRI.BENJAMIN PAUL R3 BY ADV. SRI.C. MOHAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/05/2009 ALONG WITH CONT.CASE (C) NO.222 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.No.742 of 2009 & Cont. Case (C)No.222 of 2009 ------------------------------------------ Dated, this the 22nd day of May, 2009 JUDGMENT Kurian Joseph, J. This writ appeal is filed against the judgment of a learned Single Judge dated 19th January, 2009 in W.P.(C) No.536 of 2009. By the impugned judgment, the learned Judge directed the Registrar of Births and Deaths of the Kanhangad Municipality to consider afresh the request for correction of date of birth of the child of the first respondent herein from 22.10.1984 to 23.10.1984. 2. Among other contentions, the learned counsel appearing for the appellants submits that the judgment may not be a precedent. We see no reason for such an apprehension since the judgment is rendered only with reference to the particular facts involved in the case. 3. In that view of the matter, we dispose of the writ appeal making it however clear that the judgment shall not be a W.A. No.742 of 2009 - 2 - precedent. 4. It is brought to our notice that the judgment has already been complied with and the date of birth has been corrected as 23.10.1984. Hence by the consent of parties, we have called for the said Contempt Case also to be heard along with this writ appeal. In view of the apology tendered through the learned counsel for the delay, the Contempt of Court Case is closed. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns