Sunithakumari P.M. ... vs State Of Kerala
2021 Latest Caselaw 8203 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   WEDNESDAY, THE 10TH DAY OF MARCH 2021 / 19TH PHALGUNA, 1942

                       WP(C).No.5786 OF 2021(W)


PETITIONER:

               SUNITHAKUMARI P.M. @SUNITHAKUMAR VIJI
               W/O.VIJI VIJAYAKUMARAN NAIR, MAKAYIRAM, POTHENCODE
               P.O., THIRUVANANTHAPURAM, NOW RESIDING AT 5639
               EVOLENCE STREET, DANVILLE, CALIFORNIA 94509, USA
               REP.BY HER POWER OF ATTORNEY HOLDER, P.N.MADHAVAN,
               AGED 72 YEARS, S/O.NEELAKANDAN, PANACHITHA HOUSE,
               THENGELI, KUTTOOR VILLAGE, THIRUVALLA TALUK,
               PATHANAMTHITTA DISTRICT.

               BY ADV. SRI.K.N.RADHAKRISHNAN(THIRUVALLA)

RESPONDENTS:

      1        STATE OF KERALA
               REP.BY SECRETARY TO THE LOCAL SELF GOVERNMENT,
               SECRETARIAT, THIRUVANANTHAPURAM PIN 695 001.

      2        CHIEF REGISTRAR
               FOR BIRTH AND DEATH, (ADDITIONAL DIRECTOR OF
               PANCHAYAT) PUBLIC OFFICE BUILDING, LMS VELLAYAMBALAM
               RD, UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
               PALAYAM, THIRUVANANTHAPURAM KERALA 695 033.

      3        REGISTRAR
               BIRTH AND DEATH, KUTTOOR PANCHAYAT, KUTTOOR P.O.,
               THIRUVALLA, PATHANAMTHITTA PIN 689 106


OTHER PRESENT:

               SR.GP BIMAL K NATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5786 OF 2021(W)
                                    2




                               JUDGMENT

Dated this the 10th day of March 2021

According to the petitioner, she was born on

30.05.1975 at the parental home in Thiruvalla,

Pathanamthitta. Since she was not born in a hospital,

birth was not registered with the third respondent.

However, recently on applying for a birth certificate it was

revealed that her date of birth has been wrongly

mentioned in the register maintained by the third

respondent Panchayath. Hence, Ext.P6 application was

submitted by the petitioner for issuing a birth certificate

after rectifying the mistake.

2. The grievance of the petitioner is that the

above application has not been considered inspite of long

delay. The petitioner, to substantiate her contention that

her correct date of birth is 30.05.1978, relies on Ext.P1

to Ext.P5 documents.

Having regard to the limited prayer sought by the

petitioner which is for a direction to the third respondent WP(C).No.5786 OF 2021(W)

to consider and dispose of Ext.P6 application as

expeditiously as possible, I am inclined to dispose of the

writ petition itself with a direction that third respondent

shall conduct a limited enquiry as contemplated under

Registration of Birth and Death Act and Rules and after

giving a reasonable opportunity to the petitioner or

through her authorised representative to place the

records and to give oral statements evidencing her date

of birth and after considering it, to pass appropriate

orders as expeditiously as possible, at any rate, within a

period of two months from the date of receipt of a copy

of this judgment.

The writ petition is disposed of as above.

Sd/-

SUNIL THOMAS

JUDGE

SKP/10-3 WP(C).No.5786 OF 2021(W)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE COPY OF FRONT PAGE OF SSLC BOOK OF THE PETITIONER

EXHIBIT P2 THE FIRST PAGE OF PASSPORT OF THE PETITIONER BEARING NO.J0705763 ISSUED FROM THE PASSPORT OFFICE, TRIVANDRUM.

EXHIBIT P3 TRUE COPY OF AADHAR CARD BEARING NO.698531183678

EXHIBIT P4 TRUE COPY OF ELECTION IDENTITY CARD NO.

WRS1326339 OF THE PETITIONER ISSUED BY THE ELECTION COMMISSION OF INDIA.

EXHIBIT P5 TRUE COPY OF PAN NO.AQIPP4301K, IN THE NAME OF PETITIONER.

EXHIBIT P6 THE COPY OF APPLICATION SUBMITTED BY PETITIONER BEFORE THE THIRD RESPONDENT DATED 3.9.2020

EXHIBIT P7 THE COPY OF AFFIDAVIT SWORN BY THANKACHAN KURIKKAPARAMIL KOCHUPAPPY DATED 13.10.2020

EXHIBIT P8 THE COPY OF AFFIDAVIT SWORN BY ANILKUMAR VASU DATED 13.10.2020

EXHIBIT P9 THE COPY OF AFFIDAVIT SWORN BY MADHAVAN, PANACHITHAA NEELAKANDAN, FATHER OF THE PETITIONER DATED 13.10.2020

RESPONDENTS'S EXHIBITS:NIL

TRUE COPY P.A. TO JUDGE