Kerala High Court
Dr. K.G.Sanjayan vs Cherthala Municipality on 7 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA,
1943
WP(C).No.6596 OF 2021(Y)
PETITIONER:
DR. K.G.SANJAYAN
AGED 66 YEARS
S/O.K.N.GOVINDA PAI, KADALIKANDATHIL,
CHERTHALA P.O., ALAPPUZHA, NOW RESIDING AT
203, ANANDAMAYA APARTMENT, 17TH CROSS, NEAR
NANDHINI HOTEL, J.P.NAGAR, 6TH PHASE BENGALURU
SOUTI, KARNATAKA - 560 078.
BY ADV. SRI.B.PRAMOD
RESPONDENTS:
1 CHERTHALA MUNICIPALITY
MUNICIPAL OFFICE, CHERTHALA, PIN -688 524,
REPRESENTED BY ITS SECRETARY.
2 THE REGISTRAR OF BIRTHS AND DEATHS
MUNICIPAL OFFICE, CHERTHALA, PIN- 688 524.
SRI.JOBY CYRIAC,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.04.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.6596 OF 2021(Y) 2
JUDGMENT
Dated this the 7th day of April 2021
The petitioner herein claims that he was born on
30.11.1954, at his parental house which is within the limits of
the first respondent Muncipality. According to him, the date of
birth was incorrectly recorded in the birth certificate as
13.03.1955, possibly due to a wrong information conveyed to
the Municipality at the time of birth. Petitioner contends that
he was not aware of the said mistake till recently. The
petitioner claims that he along with his wife are presently
residing at Bengaluru and only when the birth certificate was
sought to be obtained for travelling abroad, they came to know
about this mistake.
2. To substantiate the case of the petitioner that he
was actually born on 30.11.1954, he relied on Exts.P1 to P5
official documents. Ext.P6 is the birth certificate which show,
the date of the birth as 13.03.1955.
3. The learned Standing Counsel for the Chethala
Municipality, on instructions, submitted that the application is
highly belated and the records maintained by the Municipality
is based on reliable information conveyed at the time of birth.
It was also contended that the delay has not been explained.
Further, a circular has been issued by the Registrar of dates
and births that belated applications for correction of date of
birth shall be accepted only in terms of the sanction of the
Registrar. Ext.P7 application for correction was rejected by
Ext.P10.
After hearing both sides, I am satisfied that the delay has
been properly explained by the petitioner. Having considered
this, I am inclined to dispose of the writ petition itself directing
the second respondent to consider Ext.P7 application in the
light of Exts.P1 to P5 official documents as well as Exts.P8 and
P9 declarations submitted by the petitioner, as expeditiously as
possible, at any rate, within a period of one month from the
date of receipt of a copy of this judgment, after giving a
reasonable opportunity to the petitioner or his agent to adduce
further evidence, if any, in support of his case. Accordingly,
Ext.P10 will stand set aside.
Sd/-
SUNIL THOMAS
JUDGE
LEK
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE 1ST PAGE OF THE
SSLC BOOK ISSUED TO THE PETITIONER.
EXHIBIT P2 A TRUE COPY OF THE ELECTORAL ID CARD
ISSUED FROM THE ELECTION COMMISSION OF
INDIA TO THE PETITIONER.
EXHIBIT P3 A TRUE COPY OF THE AADHAR CARD ISSUED
TO THE PETITIONER.
EXHIBIT P4 A TRUE COPY OF THE INDIAN PASSPORT
ISSUED TO THE PETITIONER.
EXHIBIT P5 A TRUE COPY OF THE PAN CARD ISSUED TO
THE PETITIONER.
EXHIBIT P6 A TRUE COPY OF THE BIRTH CERTIFICATE
ISSUED TO THE PETITIONER BY THE 2ND
RESPONDENT.
EXHIBIT P7 A TRUE COPY OF THE APPLICATION DATED
04/02/2021 SUBMITTED BY THE
PETITIONER.
EXHIBIT P8 A TRUE COPY OF THE DECLARATION
SUBMITTED BY K.G.NARAYANA PAI.
EXHIBIT P9 A TRUE COPY OF THE DECLARATION
SUBMITTED BY
EXHIBIT P10 A TRUE COPY OF THE LETTER DATED
03/03/2021 ISSUED BY THE 2ND
RESPONDENT.
