Rubi Robin @ Thankamani vs The Director, Department Of Urban ...
2021 Latest Caselaw 20866 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
                         WP(C) NO. 16790 OF 2021
PETITIONER:

              RUBI ROBIN @ THANKAMANI
              AGED 54 YEARS
              W/O. ROBIN, KAKKASSERY HOUSE, KANIPPAYYUR P. O.,THRISSUR
              DISTRICT.

              BY ADVS.
              P.MOHAMED SABAH
              LIBIN STANLEY
              SAIPOOJA
              SADIK ISMAYIL
              R.GAYATHRI
              M.MAHIN HAMZA



RESPONDENTS:

     1        THE DIRECTOR, DEPARTMENT OF URBAN AFFAIRS KERALA
              NANTHANCODE, THIRUVANANTHAPURAM DISTRICT - 695003.

     2        THE MUNICIPALITY OF WADAKANCHERY
              WADAKKANCHERY, THRISSUR DISTRICT - 680623, REPRESENTED BY
              ITS SECRETARY.

              BY SRI.RIYAL DEVASSY, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16790 OF 2021
                                   2




                            JUDGMENT

This writ petition is filed seeking directions to the 2 nd

respondent to correct the date of birth of the petitioner's son in

the birth certificate issued to him as 26.08.1990 instead of

25.08.1990. The petitioner also seeks change of name of the

mother in the birth certificate as Ruby Robin instead of

Thankamani. It is submitted that the petitioner's son Sijo K.R is

working in New Zealand and he is unable to make an application

in person for the correction. It is submitted that the petitioner has,

therefore, submitted Ext.P6 application for correction before the

2nd respondent along with the required documents and seeks a

correction to be effected in the birth certificate of her son.

2. The learned Standing Counsel appearing for the 2 nd

respondent Municipality submits that no application had been

submitted by the petitioner, which is the reason why the request WP(C) NO. 16790 OF 2021

had not been considered. The learned counsel for the petitioner

submits that the application is not being accepted or considered

on the ground that the petitioner's son is unavailable to make the

application.

3. In any view of the above matter, since the petitioner

has sought a correction of the birth certificate, I am of the opinion

that the same is liable to be considered, in accordance with law,

taking note of the documents produced by the petitioner. The

application submitted by the petitioner shall be accepted by the

2nd respondent and processed, without reference to the objections

that it is not filed by the petitioner's son. The petitioner may be

required to produce her notarised affidavit in evidence of the

actual date of birth of her son. The petitioner shall make

arrangements for making available the presence of her son

through video conferencing before the 2nd respondent. The 2nd

respondent shall ascertain that the application is submitted with

the knowledge and consent of the petitioner's son and shall WP(C) NO. 16790 OF 2021

proceed to consider the application in accordance with law at the

earliest. The entire procedure shall be completed within a period

of one month from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Bng/7.10.2021 WP(C) NO. 16790 OF 2021

APPENDIX OF WP(C) 16790/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE BIRTH CERTIFICATE DATED 10.06.2021 ISSUED FROM THE OFFICE OF RESPONDENT NO.2.

Exhibit P2 TRUE COPY OF THE FRONT PAGE OF THE RATION CARD IN THE NAME OF THE PETITIONER SHOWING THE NAME OF THE PETITIONER AS THANKAMANI @ RUBY.

Exhibit P3 TRUE COPY OF THE NOTARIZED AFFIDAVIT EXECUTED BY THE PETITIONER.

Exhibit P4 TRUE COPY OF THE SSLC CERTIFICATE OF THE PETITIONER'S SON NAMED SIJO K. R. ISSUED BY THE GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA.

Exhibit P5 TRUE COPY RELEVANT PAGE OF THE PASSPORT OF THE PETITIONER'S SON NAMED SIJO K. R.

Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 26/8/2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P7 TRUE COPY OF THE POSTAL RECEIPT DATED 26/8/2021

True copy

PA to Judge