Mukundan V vs The Kottayam Grama Panchayath
2021 Latest Caselaw 3306 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

      FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                      WP(C).No.26611 OF 2020(B)


PETITIONER:

               MUKUNDAN V.
               AGED 75 YEARS
               PUTHALATH HOUSE, P.O.
               KOTTAYAM POYIL, (VIA) POOLA BAZAAR,
               THALASSERY,
               KANNUR DISTRICT-670 691.

               BY ADVS.
               SHRI.R.PARTHASARATHY
               SMT.SEEMA

RESPONDENTS:

      1        THE KOTTAYAM GRAMA PANCHAYATH
               REPRESENTED BY ITS SECRETARY, P.O.
               KOTTAYAM POYIL, THALASSERY,
               KANNUR DISTRICT-670 691.

      2        THE REGISTRAR OF BIRTHS AND DEATHS
               SECRETARY GRAMA PANCHAYATH, KOTTAYAM GRAMA
               PANCHAYATH, P.O. KOTTAYAM POYIL,
               THALASSERY, KANNUR DISTRICT-670 691.

               R1-2 BY ADV. SRI.SHANAVAS NALAKATH RANDUPURAYIL
               R1-2 BY ADV. SRI.K.SIJU

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C0.26611/2020
                                     2




                              JUDGMENT

Petitioner herein is the father of one Gireesh who is employed in

USA. According to the petitioner, Gireesh was born in Kottayam Village

of Thalassery Taluk in Kannur District on 20.12.1974. The date of birth

was recorded in all official records as 20.12.1974. This includes school

admission register, SSLC certificate and passport. However, according to

the petitioner, when he applied for a birth certificate, he was issued with

a birth certificate showing the date as 08.01.1975. The name was also

wrongly mentioned as Gireesh instead of Gireesh Anneri. He filed

application along with supporting documents to correct the date of birth.

The application was dismissed by Ext.P11 order by the authority holding

that the applicant did not produce relevant documents to establish date of

birth and place of birth and the authority was not satisfied with the

horoscope and declaration produced. Local enquiry conducted was not

helpful in proving date of birth. Aggrieved by the above order, petitioner

has approached this Court.

2. Evidently, documents produced by the petitioner herein as

Exts.P2 to P4 coupled with the affidavits in support of it produced as

Exts.P8 and P9 indicate his date of birth as 20.12.1974. Exts.P2 to P4 are

also records issued by complainant authority. Evidently, in Ext.P11, except

a vague reference that the authority was not satisfied with the request, no W.P(C0.26611/2020

other reason is stated. The order is absolutely silent as to why and on

what basis the above documents which were also produced by statutory

authorities have not been considered by the authority, if they are in fact

produced. It is true that, Birth Register is maintained on the basis of

information conveyed at the earliest point of time. However, it depends

on the genuineness of information gathered. Having considered this, I am

not satisfied with the impugned order. Ext.P11 is set aside and second

respondent is directed to consider the application afresh in the light of

above documents within a period of one month from the date of receipt of

a copy of this judgment. The petitioner shall produce a copy of the Writ

Petition as well as the documents produced along with the Writ Petition, if

they have not been earlier produced.

Writ Petition is disposed of as above.

Sd/-

                                                SUNIL THOMAS

Sbna                                               JUDGE
 W.P(C0.26611/2020





                         APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE HOROSCOPE OF SRI. GIREESH
                     ANNERI.

EXHIBIT P2           TRUE COPY OF THE SCHOOL ADMISSION REGISTER

ISSUED BY HEADMISTRESS, THERUVENTARA U.P.

SCHOOL, KADIRUR.

EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF SCHOOL LEAVING CERTIFICATE.

EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGE OF PASSPORT.

EXHIBIT P5 TRUE COPY OF THE APPLICATION FOR CORRECTION OF NAME AND DATE OF BIRTH SUBMITTED BEFORE THE 2ND RESPONDENT DATED 4.12.2019.

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 13.12.2019 SEND BY THE 2ND RSPONDENT.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED NIL.

EXHIBIT P8 TRUE COPY OF THE AFFIDAVIT BY THE PETITIONER AND WIFE SHAILAJA.

EXHIBIT P9A TRUE COPY OF THE DECLARATION DATED 9.1.2020 GIVEN BY SRI.V.RAJU, ADVOCATE, THALASSERY.

EXHIBIT P9B TRUE COY OF THE DECLARATION DATED 10.1.2020 GIVEN BY SMT. M.DHARMAJA, MEMBER, KOTTAYAM GRAMA PANCHAYATH.

EXHIBIT P10 TRUE COPY OF THE 'ONE AND THE SAME'CERTIFICATE DATED 27.12.2019 ISSUED BY VILLAGE OFFICER.

EXHIBIT P11 TRUE COPY OF THE ORDER DATED 20.8.2020 ISSUED BY 2ND RESPONDENT.