Kerala High Court
Jyothy V Baby vs State Of Kerala on 31 May, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 31ST DAY OF MAY 2021/10TH JYAISHTA, 1943
WP(C) NO. 27725 OF 2020
PETITIONER:
0
JYOTHY V. BABY, AGED 35, ENGINEER,
W/O.CIBU MATHEW, VARIKKATHUSSERIL HOUSE,
KOZHIMALA P.O., ERAVIPEROOR VILLAGE,
THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT,
CURRENTLY RESIDING AT 9775 CREEKFRONT RD,
APARTMENT 1703, JACKSONVILLE, FLORIDA-32256,
USA, REPRESENTED BY HER POWER OF ATTORNEY
HOLDER AND FATHER BABY JACOB, AGED 68,
S/O.LATE V.C.JACOB, VARIKKATHUSSERIL HOUSE,
KOZHIMALA P.O., ERAVIPEROOR VILLAGE,
THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT.
BY ADVS.
P.HARIDAS
SRI.R.B.BALACHANDRAN
SRI.RENJI GEORGE CHERIAN
SRI.P.C.SHIJIN
SRI.RISHIKESH HARIDAS
SRI.BIJU HARIHARAN
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY
ITS SECRETARY, DEPARTMENT OF
LOCAL SELF GOVERNMENT, STATE SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
2 REGISTRAR OF BIRTHS & DEATHS(SECRETARY),
THALAVADY GRAMA PANCHAYATH, KUTTANADU TALUK,
ALAPPUZHA DISTRICT, PIN-689 571.
BY GOVERNMENT PLEADER SMT. M.M. JASMIN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.05.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.27725/2020
:2 :
JUDGMENT
~~~~~~~~~
Dated this the 31st day of May, 2021
The petitioner states that she is a non-resident
Indian now working in the United States of America. She was
born in Kuttanad Taluk in Alappuzha District on 02.05.1985.
However, as disclosed from Ext.P1 Birth Certificate, in the
Register of Births, the petitioner's name "Jyothy V. Baby" was
shown as "Jyothy V. Babay" and the date of birth was
erroneously recorded as "02.07.1985". The name of the
mother was recorded as "Soosamma", instead of "Susamma
Baby". The house name was also wrongly recorded as
"Angilimoottil", instead of "Anjilimoottil".
2. The petitioner would state that the said entries in
the Birth Register were clerical errors and the date of birth,
mother's name and house name were correctly recorded in all
other documents namely, SSLC, Passport, Marriage
WP(C) No.27725/2020
Certificate and Aadhaar as can be seen from Exts.P2 to P5.
The petitioner filed an application for correction of particulars
in Birth Register invoking Section 15 of the Registration of
Births and Deaths Act, 1969 read with Rule 11 of the Kerala
Registration of Births and Deaths Rules, 1999.
3. However, the petitioner was served with Ext.P7
intimation of the Sub Registrar of Births and Deaths,
Thalavady Grama Panchayat requiring the petitioner to
produce Affidavit, Recognised School Certificate, Documents
in proof of name and address of mother and the original of
Birth Certificate already issued, and if the same is lost, an
affidavit to that effect on stamp paper of ₹100/-. The 2 nd
respondent further informed that under the existing law,
correction of date of birth is impermissible.
4. The learned counsel for the petitioner contends that
Ext.P6 application of the petitioner is supported by
Declarations given by two neighbouring citizens and correction
in Register of Births can be effected based on these
Declarations in the light of the judgments of this Court in The
WP(C) No.27725/2020
Registrar of Births and Deaths v. Thomas Jacob [2011 (3)
KLT 461] and in Sajil v. State of Kerala [2019 (1) KLT 607].
The learned counsel for the petitioner submitted that in view of
the extreme urgency in the matter, the 2 nd respondent may be
directed to reconsider the application and process the same in
the light of the aforesaid judgments of this Court.
5. In view of the nature of relief being granted in this
writ petition, notice to the 2nd respondent is dispensed with.
6. This Court in the judgment in The Registrar of
Births and Deaths v. Thomas Jacob (supra) has held that if
it is proved to the satisfaction of the Registrar that any entry of
a birth or death in any Register kept by him under the Act is
erroneous in form or substances, he may subject to such rules
as may be made by the State Government with respect to
conditions on which and the circumstances in which such
entries may be corrected or cancelled, correct the error or
cancel the entry by suitable entry in the margin, and shall sign
the marginal entry and add thereto the date of correction or
cancellation. Rule 11 provides that if a clerical or formal error
WP(C) No.27725/2020
made in the register is either reported or noticed by the
Registrar, he shall enquire into the matter and if he is satisfied
that any error has been made, he shall correct the error in the
manner as provided therein. Sub-rule (2) provides that if any
person asserts that any entry in the register of births and
deaths is erroneous in substance, the Registrar may correct
the entry in the manner as prescribed under Section 15 of the
Act upon production by that person a declaration setting forth
the nature of the error and true facts of the case made by two
credible persons having knowledge of the facts of the case.
7. In view of the afore judgment, correction of date of
birth in the Birth Register is permissible and the Registrar has
power to make such correction.
In the circumstances, the writ petition is disposed of
directing the 2nd respondent to reconsider Ext.P6 application
submitted by the petitioner for correction of entries in the Birth
Register including the entry as to Date of Birth in the light of
the judgment of this Court in The Registrar of Births and
Deaths v. Thomas Jacob (supra) within a period of three
WP(C) No.27725/2020
weeks. To enable the 2nd respondent to consider the
application as directed above, Ext.P7 communication is set
aside. The petitioner shall serve a copy of the judgment of
this Court reported in The Registrar of Births and Deaths v.
Thomas Jacob [2011 (3) KLT 461] and certified copy of this
judgment, on the 2nd respondent for compliance.
Sd/-
N. NAGARESH, JUDGE
aks/31.05.2021
WP(C) No.27725/2020
APPENDIX OF WP(C) 27725/2020
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE BIRTH CERTIFICATE OF THE
PETITIONER ISSUED BY THE 2ND RESPONDENT
DATED 29.09.2020.
EXHIBIT P2 TRUE COPY OF THE SECONDARY SCHOOL LEAVING
CERTIFICATE (SSLC) DATD 04.04.2000.
EXHIBIT P3 TRUE COPY OF THE RELEVANT PORTION OF THE
PASSPORT OF THE PETITIONER DATED
10.10.2014.
EXHIBIT P4 TRUE COPY OF THE CERTIFICATE OF MARRIAGE
OF THE PETITIONER DATED 17.12.2011.
EXHIBIT P5 TRUE COPY OF THE AADHAAR OF THE
PETITIONER DATED 09.10.2013.
EXHIBIT P6 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER TO THE 2ND RESPONDENT
DATED 03.12.2020 ALONG WITH THE
DECLARATION.
EXHIBIT P7 TRUE COPY OF THE LETTER ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER DATED
10/1/2021
ncd
