Subrahmaniam vs Chalakudy Municipality
2021 Latest Caselaw 15367 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                   THE HONOURABLE MR. JUSTICE SATHISH NINAN
         THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
                           WP(C) NO. 12418 OF 2021
PETITIONERS:

     1       SUBRAHMANIAM,
             AGED 60 YEARS
             S/O. KATTUPARAMBIL AYAPPAN, KATTUPARAMBIL HOUSE,
             VETTUKADAVU ROAD, CHALAKUDY P.O, THRISSUR DISTRICT-680 307

     2       MILI SUBRAMANIAM,
             AGED 46 YEARS
             W/O. SUBRAMANIAM, KATTUPARAMBIL HOUSE, VETTUKADAVU ROAD,
             CHALAKUDY P.O, THRISSUR DISTRICT-680 307

             BY ADV RAPHAEL THEKKAN



RESPONDENTS:

     1       CHALAKUDY MUNICIPALITY
             CHALAKUDY P.O, REPRESENTED BY THE SECRETARY-680 307

     2       THE HEALTH INSPECTOR AND REGISTRAR OF BIRTH AND DEATHS,
             CHALAKUDY MUNICIPALITY, CHALAKUDY P.O-680 307

             BY ADV. SHEEJO CHACKO, SC, CHALAKUDY MUNICIPALITY


     THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
22.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                    SATHISH NINAN, J.
           ==================
               W. P. (C) No.12418 of 2021
           ==================
           Dated this the 22nd day of July, 2021

                           JUDGMENT

Petitioners 1 and 2 are the father and mother

respectively, of Nandika K.S. In the birth certificate of Nandika, the father's name is

entered as "Subrahmanian". However, the correct

spelling of the father's-first petitioner's name

is, "Subrahmaniam". The petitioner submitted an

application before the second respondent-Registrar,

seeking correction of the spelling 'n' to 'm'. The

application was rejected, placing reliance on the

S.S.L.C certificate of the first petitioner wherein

his name is spelt as "Subrahmanian K.A.".

2. Heard the learned counsel for the

petitioners and the learned Standing Counsel for

the respondents.

3. Ext.P2 is the passport issued to the first

petitioner wherein his name is spelt as

"Subrahmaniam". In Ext.P2 non-resident Keralites ID

card issued by the Department of NORKA to the first W. P. (C) No.12418 of 2021

petitioner, Ext.P4 Aadhar card issued to Nandika

K.S.-the daughter of the petitioner, Ext.P5 birth

certificate issued in favour of another daughter of

the petitioners and Ext.P6 the grade sheet-cum-

certificate of performance issued to her from the

school, the name of the first petitioner is spelt

as "Subrahmaniam". The petitioners' claim

apparently seems to be justified.

4. That the Registrar on being satisfied of the

name has been mistakenly entered in the regiter, is

empowered to effect necessary corrections, has been

declared by this Court in various judgments

including The Chalakkudy Municipality v. Malavika [2009 4 KLT

714], Registrar of Births and Deaths v. Thomas Jacob [2011 (3) KLT

461]. In view thereof, the second respondent ought

to reconsider the application.

5. In the result, Ext.P7 communication dated

03.05.2021 rejecting the petitioner's application

seeking correction in the name of the first

petitioner, is quashed. The second respondent shall

consider the petitioner's application dated W. P. (C) No.12418 of 2021

29.04.2021 afresh in the light of the observations

made above and pass appropriate orders. Let the

needful be done within a period of one month from

the date of receipt of a copy of this judgment.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 12418/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE CERTIFICATE OF BIRTH ISSUED IN HER NAME DATED 06.04.2004.

Exhibit P2 TRUE COPY OF THE PASSPORT NO. J5974689

Exhibit P3 TRUE COPY OF THE NON RESIDENT KERALITE'S ID CARD DATED 07.08.2009.

Exhibit P4 TRUE COPY OF THE AADHAR CARD OF THE PETITIONERS SECOND DAUGHTER.

Exhibit P5 TRUE COPY OF THE BIRTH CERTIFICATE DATED 14.05.2001

Exhibit P6 TRUE COPY OF THE GRADE SHEET CUM CERTIFICATE OF PERFORMANCE ISSUED IN THE NAME OF GEETHIKA K.S BY CRESCENT PUBLIC SCHOOL.

Exhibit P7 TRUE COPY OF THE COMMUNICATION ISSUED BY THE SECOND RESPONDENT DATED 03.05.2021.

Exhibit P8 TRUE COPY OF THE SCHOOL CERTIFICATE OF THE FIRST PETITIONER.

Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 09.11.2009 IN THE CHALAKKUDY MUNICIPALITY VS. MINOR MALAVIKA (W.A. NO. 1483/2009)

Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 03.07.2015 IN PETER MOHAN T.A. VS. KODUNGALLUR MUNICIPALITY (W.P(C) NO. 16049/2015)

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