Kerala High Court
Fiza Abdul Jalal Bilakkattil ... vs Sulthan Bathery Municipality on 23 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942
WP(C).No.4331 OF 2021(N)
PETITIONER:
FIZA ABDUL JALAL BILAKKATTIL MOHAMMED (MINOR),
AGED 16 YEARS,
D/O. SHEREENA VELICHAPPATTIL ABOOBAKAR REPRESENTED
BY HER MOTHER AND NATURAL GUARDIAN SHEREENA
VELICHAPPATTIL ABOOBAKAR, W/O. MUHAMMED ABDUL
JALAL, AGED 41 YEARS, 13/953 A, BILAKKATTIL,
KARIVELIPADI, THOPPUMPADY, ERNAKULAM 682 005
REPRESENTED BY HER POWER OF ATTORNEY HOLDER B.M
MOHAMED ASHRAF, AGED 62 YEARS, 13/953 A,
BILAKKATTIL, KARIVELIPADI, THOPPUMPADY,
ERNAKULAM 682 005
BY ADVS.
SRI.THOMAS T.VARGHESE
SRI.PHILIP T.VARGHESE
SMT.ACHU SUBHA ABRAHAM
SMT.V.T.LITHA
SMT.K.R.MONISHA
SMT.SHRUTHI SARA JACOB
RESPONDENTS:
1 SULTHAN BATHERY MUNICIPALITY,
REPRESENTED BY ITS SECRETARY, SULTHAN BATHERY P.O,
WAYANAD 673 592
2 THE REGISTRAR OF BIRTHS AND DEATHS,
SULTHAN BATHERY MUNICIPALITY, SULTHAN BATHERY P.O,
WAYANAD 673 572
BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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W. P. (C) No.4331 of 2021
==================
Dated this the 23rd day of February, 2021
JUDGMENT
The petitioner, Fiza Abdul Jalal Bilakkattil
Mohamed, was born on 14.07.2004. Originally Ext.P1
birth certificate was issued showing her name as
Fiza. Thereafter, by including the surname, the
name was corrected as "Fiza Abdul Jalal Bilakattil
Mohammed" and Ext.P2 birth certificate issued. In
the said certificate the mother's name was
mistakenly spelt. It was corrected and Ext.P4
certificate issued. Thereafter it was noticed that,
in Ext.P4 certificate her family name has been
mistakenly spelt as "Bilakattil" whereas the
correct spelling is "Bilakkattil". The request for
effecting the said correction was turned down as
per Ext.P10 order relying on a circular of the year
2017 which does not permit correction of name more
than once.
2. For the disposal of this writ petition, it
is not necessary to consider the validity or
W. P. (C) No.4331 of 2021
otherwise of the circular made reference of in
Ext.P10 order for the reason that, in the case at
hand correction of the name as such is not sought.
All that the petitioner seeks for is only a
correction of the spelling in the name by inclusion
of an alphabet 'k'. Correction is sought to make
the spelling in tune with the entries in the
passport. The request of the petitioner is only to
be granted.
3. In the result, Ext.P10 order of the second
respondent is hereby quashed. The second respondent
shall take necessary steps for correction of the
mistaken spelling of the petitioner, in the manner
as has been now sought for by her.
Writ petition is allowed as above.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
WP(C).No.4331 OF 2021(N)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF BIRTH CERTIFICATE DATED
09-08-2004 ISSUED BY REGISTRAR OF BIRTHS
AND DEATHS, SULTHAN BATHERY GRAMA PANCHAYAT
EXHIBIT P2 TRUE COPY OF RELEVANT PAGES OF PETITIONER'S
PASSPORT BEARING NO. 1466153
EXHIBIT P3 TRUE COPY OF THE BIRTH CERTIFICATE OF THE
PETITIONER ISSUED BY THE 2ND RESPONDENT
DATED 16-07-2016
EXHIBIT P4 TRUE COPY OF THE BIRTH CERTIFICATE OF THE
PETITIONER ISSUED BY THE REGISTRAR OF
BIRTHS AND DEATHS, SULTAN BATHERY
MUNICIPALITY DATED 28-11-2020
EXHIBIT P5 TRUE COPY OF THE RESIDENCE PERMIT ISSUED TO
THE PETITIOENR BY THE UNITED ARAB EMIRATES
EXHIBIT P6 TRUE COPY OF THE PASSPORT OF PETITIOENR'S
FATHER DATED 03-05-2017
EXHIBIT P7 TRUE COPY OF THE RESIDENCE PERMIT OF
PETITIONER'S FATHER ISSUED BY UNITED ARAB
EMIRATES
EXHIBIT P8 TRUE COPY OF THE PASSPORT OF PETITIONER'S
MOTHER DATED 02-11-2012
EXHIBIT P9 TRUE COPY OF THE RESIDENCE PERMIT OF
PETITIOENR'S MOTHER ISSUED FROM UNITED ARAB
EMIRATES
EXHIBIT P10 TRUE COPY OF THE ORDER ISSUED TO THE
PETITIONER BY THE 2ND RESPONDENT DATED
12-01-2021
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