Kerala High Court
Subramaniam Manoj @ S. Manoj vs The Kollam Municipal Corporation, ... on 12 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 44250 OF 2023
PETITIONER:
SUBRAMANIAM MANOJ @ S. MANOJ,
AGED 49 YEARS, S/O. SARASWATHY PILLAI,
PRIYAM ARA-121,KAIKULANGARA NORTH,
THIRUMULLAVARAM P.O., KOLLAM - 691012.
BY ADV E.S.ASHRAF
RESPONDENTS:
1 THE KOLLAM MUNICIPAL CORPORATION,
REPRESENTED BY THE SECRETARY,
KOLLAM, PIN - 691001.
2 THE REGISTRAR OF BIRTH AND DEATH
KOLLAM CORPORATION, KOLLAM - 681001.
BY ADV.S.SREEKUMAR (KOLLAM)
STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.44250 of 2023
:2:
JUDGMENT
Dated this the 12th day of April, 2024 The petitioner is before this Court seeking to consider Exts.P8 and P10 applications submitted by the petitioner for correction of Date of Birth and to issue Birth Certificate making necessary correction in the Birth Certificate showing the Date of Birth as 05.05.1974 instead of 05.01.1974.
2. It is evident from the pleadings that the petitioner's birth has been recorded as 05.01.1974 in the Birth Certificate. Ext.P1 SSLC, Ext.P2 Passport, Ext.P3 Aadhar Card, P4 Driving Licence and Ext.P5 Drivers' Licence issued by the authorities and Ext.P6 affidavit would show that the correct Date of Birth of the petitioner is 05.05.1974. However, the 2nd respondent-Registrar is refusing to make correction in the Birth Certificate.
W.P.(C)No.44250 of 2023 :3:3. Standing Counsel representing the respondents submitted that as per the Registration of Births and Deaths Act, 1969, correction in the Birth Certificate cannot be made on the basis of school records. The writ petition is therefore without any merit and is liable to be dismissed, contended the Standing Counsel representing the respondents.
4. I have heard the learned Counsel for the petitioner and the learned Standing Counsel representing the respondents.
5. This Court has considered a similar issue in Jyothy V. Baby v. State of Kerala and another [2021(4) KLT 121]. This Court noted that in the judgment in the Registrar of Births and Deaths v. Thomas Jacob, this Court has held that if it is proved to the satisfaction of the Registrar that any entry of birth or death in any Register kept by him under the Act is erroneous in form or substances, he W.P.(C)No.44250 of 2023 :4: may subject to such rules as may be made by the State Government with respect to conditions on which and the circumstances in which such entries may be corrected or cancelled, correct the error or cancel the entry by suitable entry in the margin, and shall sign the marginal entry and add thereto the date of correction or cancellation.
In view of the law laid by this Court in the judgment in Jyothy V. Baby (supra), I am of the view that the 2 nd respondent-Registrar shall reconsider the issue of correction of Date of Birth in the light of Exts.P1 to P6 documents.
Ext.P11 order is therefore set aside. The 2 nd respondent is directed to reconsider the application and pass orders afresh within a period of two months.
Sd/-
N. NAGARESH JUDGE ams W.P.(C)No.44250 of 2023 :5: APPENDIX OF WP(C) 44250/2023 PETITIONER'S EXHIBITS ExhibitP1 TRUE COPY OF THE SSLC CERTIFICATE ISSUED BY THE BOARD OF SECONDARY EDUCATION TAMIL NADU, CERTIFICATE S NO. A 3861106.
Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF PASSPORT BEARING NO. Z5185665 OF THE PETITIONER.
Exhibit P3 TRUE COPY OF THE AADHAR CARD BEARING NO. 8385 1306 1226OF THE PETITIONER PASSPORT BEARING NO. Z5185665.
Exhibit P4 TRUE COPY OF THE DRIVING LICENSE ISSUEDON 04.05.2022 TO THE PETITIONER FROM GOVERNMENT OF KERALA NO. DLNOKL02 20220008668.
Exhibit P5 RUE COPY OF THE AMERICAN DRIVING LICENSE FROM WASHINTON BEARING NO. WDL1ZB70D13B.
Exhibit P6 TRUE COPY OF THE AFFIDAVIT SWORN BY MOTHER OF THE PETITIONER DATED 17.10.2023.
Exhibit P7 TRUE COPY OF THE BIRTH CERTIFICATE BEARING KEY NO. B0020168-7417511699 ISSUED ON 24.05.2022 FROM KOLLAM CORPORATION.
Exhibit P8 TRUE COPY OF THEAPPLICATION SUBMITTED BY THE PETITIONER 0N 29.11.2023 WITHOUT ITS ENCLOSURES BEFORE THE 2ND RESPONDENT.
W.P.(C)No.44250 of 2023 :6:Exhibit P9 TRUE COPY OF THE RECEIPT ISSUED BY KOLLAM CORPORATION.DATED 29.11.2023TO SMT. SARASWATHI PILLAI.
Exhibit P10 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER IN THE PRESCRIBED FORMAT DATED 29.11.2023.
Exhibit P11 TRUE COPY OF THE COMMUNICATION NO.
H4D/45647/2023 DATED 21.12.2023 ISSUED BY THE SUB-REGISTRAR OF BIRTH AND DEATH, KOLLAM MUNICIPAL CORPORATION.