Kerala High Court
K.M. Benny vs The Supernatant on 5 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942
WP(C).No.25119 OF 2020(L)
PETITIONER:
K.M. BENNY,
AGED 46 YEARS
S/O MATHAI,57,KANJIRAMALAYIL,
VATTAKKANNIPARA,KUTHUNGAL.P.O,
RAJAKKAD,IDUKKI DISTRICT,PIN-685566.
BY ADVS.
SRI.R.RANJITH (MANJERI)
SMT.T.U.ANUKRISHNA
RESPONDENTS:
1 THE SUPERNATANT
MEDICAL COLLEGE HOSPITAL,GANDHINAGAR,
KOTTAYAM-8.
2 THE ADIMALI GRAMA PANCHAYATH,
REPRESENTED BY SECRETARY,
ADIMALI,IDUKKI DISTRICT-685561.
3 THE SECRETARY,
ADIMALI GRAMA PANCHAYATH,ADIMALI,
IDUKKI DISTRICT-685561.
4 ADDL.R4. SREEDEVI,
W/O. K.M. BENNY, 57, KANJIRAMALAYIL, VATTAKKANNIPARA,
KUTHUNGAL.P.O., RAJAKKAD, IDUKKI DISTRICT-685566.
(ADDL.R4 IS IMPLEADED AS PER ORDER DATED 3-2-2021 IN
IA 1/2020 IN WP(C) 25119/2020).
R4 BY ADV. SRI.A.P.NIDHIN KUMAR
SMT.PRINCY XAVIER,GP,SRI.LATHEESH SEBASTIAN,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.25119/2020
2
JUDGMENT
Dated this the 05th day of February 2021
The complaint of the petitioner is over the delay
in effecting change in the entry against the 'name of
father' in Ext.P1 Birth Certificate of his son Master
Amruth. It is stated that the name of Ex-husband of
the mother of the child - 'Shajan V.J.' is given
against the said column instead of the name of
petitioner, stating that the child was born to
petitioner and Sreedevi who is impleaded as 4th
respondent. Even though the petitioner had approached
the Adimali Grama Panchayath, they had asked him to
produce the report after conducting DNA test from a
Government recognised lab and stated that only
thereafter the Birth Certificate can be corrected.
Thereupon the petitioner approached the 1st respondent
requesting for conducting the DNA test. The 1 st
respondent as per Ext.P4 letter informed the petitioner
that such test can be conducted only on the basis of a
request being made by the Local Body and the report can
W.P.(C) No.25119/2020
also be made available to them only. The 3rd respondent
thereupon issued Ext.P6 letter requesting the 1st
respondent to furnish the report after conducting DNA
test in order to correct the name on the request made
by the petitioner. Ext.P6 letter was issued on
04.09.2020. The petitioner has approached this Court,
as no further action was taken.
2. The mother of the child has also entered
appearance on her impleadment as additional 4 th
respondent. According to both of them the child Amruth
is the son of Sri.K.M.Benny, the petitioner and they
want correction in the Birth Certificate saying that
the name of father in the Birth Certificate happened to
be entered as 'Shajan V.J' on the basis of some
mistaken information given at the time of birth.
3. Heard the learned counsel for the petitioner,
the learned Government Pleader, the learned Standing
counsel for the Panchayath and the learned counsel for
the 4th respondent. The only condition in Ext.P4, was
that there should be a request from the Panchayath for
conducting the DNA test. The Panchayath has already
W.P.(C) No.25119/2020
made the request in Ext.P6 letter.
4. Therefore, there shall be a direction to the
1st respondent to subject the petitioner and his son to
DNA test and to furnish a report with its result to the
2nd respondent, Adimali Grama Panchayath, as
expeditiously as possible within a period of six weeks.
On receipt of the said report from the 1st respondent,
the respondents 2 and 3 shall take further proceedings
on the request of petitioner for correction in the
Birth Certificate within a further period of one week.
The writ petition is accordingly disposed of.
P.V.ASHA
JUDGE
DM
W.P.(C) No.25119/2020
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE BIRTH CERTIFICATE OF THE
CHILD,AMRUTH
EXHIBIT P2 A TRUE COPY OF THE MARRIAGE CERTIFICATE OF
THE PETITIONER AND HIS WIFE.
EXHIBIT P3 A TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER BEFORE THE 1ST RESPONDENT
DATED 8/07/2020.
EXHIBIT P4 A TRUE COPY OF THE APPLICATION FOR
UTILIZATION OF THE LAND PREFERRED BY THE
PETITIONER,DATED 8/8/2020
EXHIBIT P5 A TRUE COPY OF THE APPLICATION BY THE
PETITIONER TO THE 3RD RESPONDENT
EXHIBIT P6 A TRUE COPY OF THE COMMUNICATION BY THE 3RD
RESPONDENT TO THE 1ST RESPONDENT DATED
4/9/2020.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
