IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 WP(C).No. 19990 of 2009(P) -------------------------- PETITIONER(S): --------------- RACHEL VARGHESE W/O.ADVOCATE VARGHESE MAMMEN, CHEMPUMALIL HOUSE, CULLEN ROAD, ALAPPUZHA,. BY ADV. SRI.ROY CHACKO SRI.K.C.VINCENT RESPONDENT(S): --------------- 1. THE SECRETARY, CHERATHALA MUNICIPAL COUNCIL, CHERTHALA PO. 2. THE CHIEF REGISTRAR, BIRTHS AND DEATHS REGISTRATION(DIRECTOR OF PANCHAYATS), DIRECTORATE OF PANCHAYATS, THIRUVANANTHAPURAM. ADV. SRI.J.OM PRAKASH, SC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN,J ---------------------------------------- W.P.(C) NO. 19990 OF 2009 ----------------------------------------- Dated this the 30th day of July, 2009. J U D G M E N T The petitioner is shown as Rachel Abraham in Ext. P4 birth certificate issued in relation to her child. She says, her name is Rachel Varghese since her marriage and it is so entered even in Exts. P1 to P3 birth certificates of her children, who are elder to Hannah Varghese, the child in relation to whom Ext.P4 is issued. Therefore, the petitioner filed Ext P6 for rectification of the register. If Ext.P7 circular is relevant, and if there are rules governing the field, the competent authority namely the first respondent has to decide on Ext.P6 accordingly. Ext.P8 is issued by the Director of Panchayaths. I would treat it only as a direction to the first respondent to consider Ext.P6. This is because the first respondent has to do it independently and he cannot be guided by anything contained in Ext.P6. 2. The learned counsel for the petitioner states that rectification of the register is not a matter exclusively confined WPC.NO. 19990 OF 2009 : 2 : to the provisions of the rules having regard to the provisions of the Act, is held by this court in Sivanandan Vs. Registrar, Births & Deaths (2007(3) KLT 721). It is accordingly ordered that Ext.P6 will be taken up by the first respondent and a decision shall be rendered thereon after giving the petitioner an opportunity to place further materials and of being heard. This shall be without reference to Ext.P8. Let a final decision follow within a period of one month from the date of receipt of a copy of this judgment. The writ petition is ordered accordingly. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE Jma