IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO. 15829 OF 2022
PETITIONER
JOJI GEORGEKUTTY,
AGED 19 YEARS
S/O.GEORGEKUTTY, PERUMPALLIKUNNIL, BLOCK NO.68,
ESM COLONY, KULATHUPUZHA P.O., KOLLAM-691 310.
BY ADVS.
K.SIJU
S.ABHILASH
ANJANA KANNATH
T.S.SREEKUTTY
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 CHIEF REGISTRAR OF BIRTHS & DEATHS/ADDITIONAL DIRECTOR OF
PANCHAYATS,
SWARAJ BHAWAN, GROUND FLOOR, NANTHANCODU, KOWDIAR P.O.,
THIRUVANANTHAPURAM-695 003.
3 THE DISTRICT REGISTRAR OF BIRTHS AND DEATHS/DEPUTY
DIRECTOR OF PANCHAYATS,
CIVIL STATION, KACHERI P.O., KOLLAM-691 013.
4 THE SUB REGISTAR OF BIRTHS AND DEATHS,
KULATHUPUZHA GRAMA PANCHAYAT, KULATHUPUZHA P.O.,
KOLLAM DISTRICT-691 310.
BY ADV MANOJ RAMASWAMY
SMT.SURYA BINOY B SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.15829 OF 2022
2
JUDGMENT
Dated this the 14th day of June, 2022 The petitioner is before this Court aggrieved by the refusal on the part of the 4 th respondent to correct a clerical error in the spelling of petitioner's name.
2. The petitioner states that his birth was on 13.07.2003 and his name was entered in the Birth Register as 'ജോജി ജോർജ്ജ് കുട്ടി' (Joji Georgekutty) and while entering his name in English, a clerical error occurred and the name was recorded as 'Jogi Georgekutty' instead of 'Joji Georgekutty'. The error was carried over in the School Records also. The petitioner therefore submitted application for correction of his name on 18.11.2021. The 4 th respondent rejected the application as per Ext.P3. In Ext.P3, it was stated that the petitioner's name is recorded as 'Jogi Georgekutty' in his School Records also.
WP(C) NO.15829 OF 2022 3
3. The 4th respondent filed a statement opposing the writ petitioner. The 4th respondent stated that as per Annexure R4(a) Circular dated 01.02.2012 issued by the Local Self Government Department, in cases where a child is admitted to a school, the child's name should be entered in the School Records as per the Birth Certificate only. Going by the instructions in Annexure R4(a), the 4th respondent issued Ext.P3 stating that entry cannot be changed/corrected in the Birth Register as 'Joji Georgekutty' since the name of the petitioner is seen entered as 'Jogi Georgekutty' in the School Records.
4. I have heard the learned counsel for the petitioner and the learned Standing Counsel representing the 4th respondent.
5. The Standing Counsel for the 4 th respondent vehemently argued that the 4th respondent is bound by the Circular issued by the Government of Kerala Local Self WP(C) NO.15829 OF 2022 4 Government Department. When Annexure R4(a) Circular mandates that the corrections in the Birth Certificate should be in accordance with the entries in the School Records, it will not be legal and justifiable for the 4 th respondent to make corrections.
6. It is to be noted that the petitioner's name is 'ജോജി ജോർജ്ജ് കുട്ടി' (Joji Georgekutty). When it is written in Malayalam, the words are clear, without there having any chance for two spellings. It is only when the officers who made an entry in the Birth Certificate in English that the discrepancy in the name occurred. This could be only accidental. But, if the petitioner is condemned to hold certificates in a wrong name, which is not of the petitioner, it will be a travesty of justice. In the special circumstances of the case, this Court is of the view that the correction sought for by the petitioner is liable to be granted. WP(C) NO.15829 OF 2022 5 In the facts of the case, the writ petition is disposed of directing the 4th respondent to effect correction in the name of the petitioner as 'Joji Georgekutty' in the Birth Register and issue a corrected Birth Certificate to the petitioner, within a period of three weeks.
sd/-
N.NAGARESH JUDGE hmh WP(C) NO.15829 OF 2022 6 APPENDIX OF WP(C) 15829/2022 PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE CERTIFICATE DATED 31.12.2019 ISSUED BY THE MEDICAL OFFICER, BHARATH NURSING HOME, KULATHUPUZHA.
Exhibit P2 THE BIRTH CERTIFICATE OF THE PETITIONER ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, KULATHPUZHA GRAMA PANCHAYAT DATED 25.11.2021.
Exhibit P3 THE COPY OF COMMUNICATION DATED 25.11.2021 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.
Exhibit P4 THE COPY OF TECHNICAL HIGH SCHOOL LEAVING CERTIFICATE OF THE PETITIONER. Exhibit P5 THE COPY OF TRADE CERTIFICATE ISSUED FROM THE STATE BOARD OF VOCATIONAL HIGHER SECONDARY EXAMINATIONS, THIRUVANANTHAPURAM DATED 28.07.2021. Exhibit P6 THE COPY OF MARK LIST ISSUED FROM THE STATE BOARD OF VOCATIONAL HIGHER SECONDARY EXAMINATIONS, THIRUVANANTHAPURAM DATED 28.07.2021. RESPONDENT'S EXHIBITS ANNEXURE R4(A) TRUE COPY OF THE CIRCULAR NO.35845/RD 3/2011 DATED 01.02.2012 ISSUED BY THE LSGD(RD), STATE OF KERALA