Ajo K.Dominic vs The Secretary, Vazhathoppu Grama ...
2022 Latest Caselaw 6667 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                         WP(C) NO. 18755 OF 2022
PETITIONER:

              AJO K.DOMINIC,
              AGED 36 YEARS
              S/O.DOMINIC, RESIDING AT KULAKKATTU HOUSE,
              BHOOMIYAMKULAM, MANIYARANKUDY P.O.,
              IDUKKI DISTRICT, PIN-685 602.

              BY ADV K.M.KURIAN(k/338/1986)


RESPONDENTS:

     1        THE SECRETARY, VAZHATHOPPU GRAMA PANCHAYATH,
              VAZHATHOPPU P.O., IDUKKI DISTRICT, PIN-685 602.

     2        THE VAZHATHOPPU GRAMA PANCHAYATH,
              VAZHATHOPPU P.O., IDUKKI DISTRICT, PIN-685 602,
              REPRESENTED BY ITS SECRETARY.

              BY ADV SHRI.JOICE GEORGE, SC, VAZHATHOPE GRAMA PANCHAYAT


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18755 OF 2022

                                2




                             JUDGMENT

Dated this the 9th day of June, 2022

The petitioner has approached this Court seeking to direct

the 1st respondent to correct the petitioner's date of birth in

Ext.P7 Birth Certificate as 09.02.1986, after making necessary

corrections in the records kept in the office of the 1 st

respondent.

2. The petitioner states that he is a Nurse by

profession. His birth was in St.Mary's Hospital, Vazhathoppu,

on 09.02.1986. The said hospital comes under the territorial

limits of the 2nd respondent-Grama Panchayat. The petitioner

obtained Ext.P7 Birth Certificate from the 1 st respondent. In

Ext.P7 Birth Certificate, the date of birth of the petitioner was

recorded as 07.02.1986 instead of his correct date of birth of

09.02.1986. As the date of birth was erroneously recorded in

the Birth Certificate, the petitioner submitted Ext.P8 application WP(C) NO. 18755 OF 2022

before the 1st respondent seeking correction. The petitioner

submits that unless Ext.P8 application is considered

expeditiously, the petitioner will be put to untold hardship.

3. The learned Standing Counsel entered appearance

and defended the writ petition. The Standing Counsel

submitted that Ext.P8 application has been submitted only very

recently on 17.05.2022. However, since the petitioner has

made such an application, the same can be considered in

accordance with law, if the petitioner produces all relevant

documents in support of his age.

4. Heard the learned counsel for the petitioner as well

as the learned Standing Counsel appearing for the

respondents.

5. The petitioner states that his date of birth is

erroneously recorded in the Birth Certificate. Erroneous

recording of date of birth in Birth Certificate is likely to cause

difficulties to the petitioner in the matter of his future career. WP(C) NO. 18755 OF 2022

Therefore, it is highly necessary that the 1 st respondent

considers the application in accordance with law.

The writ petition is therefore disposed of directing the 1 st

respondent to consider Ext.P8 application submitted by the

petitioner for correction of Birth Certificate in accordance with

law, within a period of two weeks.

Sd/-

N.NAGARESH JUDGE spk WP(C) NO. 18755 OF 2022

APPENDIX OF WP(C) 18755/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF BAPTISM CERTIFICATE. Exhibit P2 TRUE COPY OF SECONDARY SCHOOL LEAVING CERTIFICATE.

Exhibit P3 TRUE COPY OF FRONT PAGE OF PASS PORT. Exhibit P4 TRUE COPY OF DRIVING LICENSE.

Exhibit P5         TRUE COPY OF      THE PAN CARD.
Exhibit P6         TRUE COPY OF      THE ADHAR CARD.
Exhibit P7         TRUE COPY OF      THE BIRTH CERTIFICATE.
Exhibit P8         TRUE COPY OF      REPRESENTATION
RESPONDENT'S/S EXHIBITS : NIL