Biju Nettoorveettil vs The Registrar Of Births And Deaths
2021 Latest Caselaw 18030 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                     WP(C) NO. 2650 OF 2021
PETITIONER:

         BIJU NETTOORVEETTIL,
         AGED 48 YEARS,
         S/O.ANANDAN, AYYALLUR, KOLARI P.O.,
         MATTANNUR, KANNUR DISTRICT-670702,
         REPRESENTED BY POWER OF ATTORNEY HOLDER
         N.V.SHYLAJA, D/O.V.ANANDAN NAMBIAR,
         AGED 56 YEARS, RESIDING AT ANANDALAYAM,
         AYYALLUR, KOLARI P.O.,
         MATTANNUR, KANNUR DISTRICT-670702.

         BY ADV CIBI THOMAS


RESPONDENTS:

    1    THE REGISTRAR OF BIRTHS AND DEATHS,
         MATTANNUR MUNICIPALITY,
         MATTANNUR P.O., KANNUR DISTRICT-670702.
    2    THE CHIEF REGISTRAR (BIRTHS AND DEATHS),
         T.C 25/3264(1), SWARAJ BHAVAN,
         GROUND FLOOR, NANTHANCODE, KOWDIAR P.O.,
         THIRUVANANTHAPURAM-695003.
    3    STATE OF KERALA,
         REPRESENTED BY ITS SECRETARY,
         LOCAL SELF GOVERNMENT DEPARTMENT,
         SECRETARIAT,
         THIRUVANANTHAPURAM-695001.

         BY ADVS.
         SMT.P.F.ROSY
         SRI.V.M.SYAM KUMAR
         SMT.SNEHA RAJIV
         SRI.VIPIN NARAYANAN, GOVERNMENT PLEADER

     THIS WRIT PETITION       (CIVIL) HAVING COME UP    FOR
ADMISSION ON 03.09.2021,      THE COURT ON THE SAME     DAY
DELIVERED THE FOLLOWING:
 WP(C) No.2650/2021
                                :2 :




                        JUDGMENT

~~~~~~~~~

Dated this the 3rd day of September, 2021

The petitioner has filed this writ petition seeking to

quash Exts.P1, P3 and P9 and to direct the 1 st respondent to

issue a new birth certificate with the date of birth 10.12.1972

instead of 03.01.1973.

2. The application submitted by the petitioner for

correction of date of birth was rejected by the 1 st respondent-

Registrar of Births and Deaths. The petitioner thereupon

approached this Court. This Court, by Ext.P8 judgment in

W.P.(C) No.18934/2020, directed the Municipality to take a

fresh decision in the matter after adverting to Secondary

School Certificate of the petitioner within a period of one

month. Pursuant to the said direction, though the respondents

considered the application, the application was rejected as per

Ext.P9 on the ground that the entries in the school certificate WP(C) No.2650/2021

were made without producing birth certificate before the

educational authorities. It is aggrieved by Ext.P9 that the

petitioner has approached this Court.

3. In this writ petition, the 1 st respondent entered

appearance and filed counter affidavit. In the counter affidavit,

the 1st respondent stated as follows:-

"7. According to Rule 11 of the Kerala Registration of Births and Death Rules, 1999, if any person asserts that any entry in the register of births and deaths is erroneous in substance, the Register may correct the entry in the manner prescribed under Section 15 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.

8. It is respectfully submitted that the petitioner has not submitted any such declaration prescribed under rule 11(2) of the Kerala Registration of Births and Death Rules, 1999 along with his application. Moreover, circular no.B-15343/2017 dated 10.05.2017 issued by the Chief Registrar (Birth and Death), Thiruvananthapuram, has mandated that the person submitting an application for the correction in his birth details except his name, must submit documents which were in existence at the time of his birth to substantiate the same.

9. This respondent has not committed any act of contempt of this Hon'ble Court as alleged by the petitioner in paras 6 and 9 of the writ petition. The petitioner ought to have submitted an application along with the declaration of two credible persons and documentary evidence that was in existence at the time of his birth to substantiate his assertion that the WP(C) No.2650/2021

date of birth entered in the register is incorrect.

10. It is respectfully submitted that, if the petitioner makes a fresh application before this respondent in full compliance of law and in the prescribed form, i.e. as per Rule 11(2) of the Kerala Registration of Births and Death Rules, 1999 and circular B-15343/2017 dated 10.05.2017 issued by the Chief Registrar (Birth and Death), Thiruvananthapuram, this respondent as duty bound will consider the same and pass appropriate orders."

4. The 2nd respondent-Chief Registrar (Births and

Deaths) has also filed a counter affidavit. In the counter

affidavit filed by the 2nd respondent, it has been stated that as

per Rule 11(2) of the Kerala Registration of Births and Deaths

Rules, 1999, 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 prescribed

under Section 15 upon production by the 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.

5. Heard the learned counsel for the petitioner, the

learned Standing Counsel appearing for the 1 st respondent WP(C) No.2650/2021

and the learned Government Pleader representing

respondents 2 and 3.

6. The 1st respondent has stated that if the petitioner

makes a fresh application in compliance of the Kerala

Registration of Births and Deaths Rules, 1999 and Circular

No.B-15343/2017 dated 10.05.2017, they are willing to

consider the same and pass appropriate orders.

In view of the stand taken by the 1st respondent, the

writ petition is disposed of permitting the petitioner to make a

fresh application before the 1 st respondent in compliance of

the Kerala Registration of Births and Deaths Rules, 1999 and

Circular No.B-15343/2017 dated 10.05.2017. If the petitioner

makes such an application within a period of two weeks, the

1st respondent shall consider it and pass appropriate orders

thereon, within a further period of two weeks.

Sd/-

N. NAGARESH, JUDGE

aks/03.09.2021 WP(C) No.2650/2021

APPENDIX OF WP(C) 2650/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER.

EXHIBIT P2 A TRUE COPY OF THE APPLICATION DATED 14.02.2020 SUBMITTED BEFORE THE 1ST RESPONDENT.

EXHIBIT P3              A TRUE COPY OF THE COMMUNICATION DATED
                        20.02.2020    ISSUED    BY    THE   1ST
                        RESPONDENT.
EXHIBIT P4              A TRUE COPY OF THE SECONDARY SCHOOL
                        CERTIFICATE OF THE PETITIONER.
EXHIBIT P5              A TRUE COPY OF THE RELEVANT PAGES OF
                        THE PASSPORT OF THE PETITIONER.
EXHIBIT P6              A TRUE COPY OF THE ADHAR CARD OF THE
                        PETITIONER.
EXHIBIT P7              A TRUE COPY OF THE PAN CARD OF THE
                        PETITIONER.
EXHIBIT P8              TRUE   COPY  OF   THE   JUDGMENT  DATED

16.12.2020 IN WP(C)NO.18934/2020 OF THE HON'BLE HIGH COURT OF KERALA.

EXHIBIT P9 TRUE COPY OF THE COMMUNICATION DATED 13.01.2021.

RESPONDENTS' EXHIBITS:

EXHIBIT R1 A COPY OF THE CIRCULAT NO. B1-15343/2017 DATED 10.05.2017 ISSUED BY THE CHIEF REGISTRAR (BIRTH AND DEATH), THIRUVANANHTAPURAM.

SR