Joji Georgekutty vs The State Of Kerala
2022 Latest Caselaw 6889 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR.JUSTICE N.NAGARESH
         TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                         WP(C) NO. 15829 OF 2022
PETITIONER

             JOJI GEORGEKUTTY,
             AGED 19 YEARS
             S/O.GEORGEKUTTY, PERUMPALLIKUNNIL, BLOCK NO.68,
             ESM COLONY, KULATHUPUZHA P.O., KOLLAM-691 310.
             BY ADVS.
             K.SIJU
             S.ABHILASH
             ANJANA KANNATH
             T.S.SREEKUTTY


RESPONDENTS:

     1       THE STATE OF KERALA,
             REPRESENTED SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT,
             GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
     2       CHIEF REGISTRAR OF BIRTHS & DEATHS/ADDITIONAL DIRECTOR OF
             PANCHAYATS,
             SWARAJ BHAWAN, GROUND FLOOR, NANTHANCODU, KOWDIAR P.O.,
             THIRUVANANTHAPURAM-695 003.
     3       THE DISTRICT REGISTRAR OF BIRTHS AND DEATHS/DEPUTY
             DIRECTOR OF PANCHAYATS,
             CIVIL STATION, KACHERI P.O., KOLLAM-691 013.
     4       THE SUB REGISTAR OF BIRTHS AND DEATHS,
             KULATHUPUZHA GRAMA PANCHAYAT, KULATHUPUZHA P.O.,
             KOLLAM DISTRICT-691 310.
             BY ADV MANOJ RAMASWAMY
             SMT.SURYA BINOY B SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.15829 OF 2022
                                   2




                           JUDGMENT

Dated this the 14th day of June, 2022

The petitioner is before this Court aggrieved by the

refusal on the part of the 4 th respondent to correct a clerical

error in the spelling of petitioner's name.

2. The petitioner states that his birth was on

13.07.2003 and his name was entered in the Birth Register as

'ജോജി ജോർജ്ജ് കുട്ടി' (Joji Georgekutty) and while entering

his name in English, a clerical error occurred and the name

was recorded as 'Jogi Georgekutty' instead of 'Joji

Georgekutty'. The error was carried over in the School

Records also. The petitioner therefore submitted application

for correction of his name on 18.11.2021. The 4 th respondent

rejected the application as per Ext.P3. In Ext.P3, it was stated

that the petitioner's name is recorded as 'Jogi Georgekutty' in

his School Records also.

WP(C) NO.15829 OF 2022

3. The 4th respondent filed a statement opposing the

writ petitioner. The 4th respondent stated that as per Annexure

R4(a) Circular dated 01.02.2012 issued by the Local Self

Government Department, in cases where a child is admitted to

a school, the child's name should be entered in the School

Records as per the Birth Certificate only. Going by the

instructions in Annexure R4(a), the 4th respondent issued

Ext.P3 stating that entry cannot be changed/corrected in the

Birth Register as 'Joji Georgekutty' since the name of the

petitioner is seen entered as 'Jogi Georgekutty' in the School

Records.

4. I have heard the learned counsel for the petitioner

and the learned Standing Counsel representing the 4th

respondent.

5. The Standing Counsel for the 4 th respondent

vehemently argued that the 4th respondent is bound by the

Circular issued by the Government of Kerala Local Self WP(C) NO.15829 OF 2022

Government Department. When Annexure R4(a) Circular

mandates that the corrections in the Birth Certificate should be

in accordance with the entries in the School Records, it will not

be legal and justifiable for the 4 th respondent to make

corrections.

6. It is to be noted that the petitioner's name is 'ജോജി

ജോർജ്ജ് കുട്ടി' (Joji Georgekutty). When it is written in

Malayalam, the words are clear, without there having any

chance for two spellings. It is only when the officers who

made an entry in the Birth Certificate in English that the

discrepancy in the name occurred. This could be only

accidental. But, if the petitioner is condemned to hold

certificates in a wrong name, which is not of the petitioner, it

will be a travesty of justice. In the special circumstances of the

case, this Court is of the view that the correction sought for by

the petitioner is liable to be granted. WP(C) NO.15829 OF 2022

In the facts of the case, the writ petition is disposed of

directing the 4th respondent to effect correction in the name of

the petitioner as 'Joji Georgekutty' in the Birth Register and

issue a corrected Birth Certificate to the petitioner, within a

period of three weeks.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.15829 OF 2022

APPENDIX OF WP(C) 15829/2022

PETITIONER EXHIBITS

Exhibit P1 THE COPY OF THE CERTIFICATE DATED 31.12.2019 ISSUED BY THE MEDICAL OFFICER, BHARATH NURSING HOME, KULATHUPUZHA.

Exhibit P2 THE BIRTH CERTIFICATE OF THE PETITIONER ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, KULATHPUZHA GRAMA PANCHAYAT DATED 25.11.2021.

Exhibit P3 THE COPY OF COMMUNICATION DATED 25.11.2021 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

Exhibit P4 THE COPY OF TECHNICAL HIGH SCHOOL LEAVING CERTIFICATE OF THE PETITIONER. Exhibit P5 THE COPY OF TRADE CERTIFICATE ISSUED FROM THE STATE BOARD OF VOCATIONAL HIGHER SECONDARY EXAMINATIONS, THIRUVANANTHAPURAM DATED 28.07.2021. Exhibit P6 THE COPY OF MARK LIST ISSUED FROM THE STATE BOARD OF VOCATIONAL HIGHER SECONDARY EXAMINATIONS, THIRUVANANTHAPURAM DATED 28.07.2021. RESPONDENT'S EXHIBITS ANNEXURE R4(A) TRUE COPY OF THE CIRCULAR NO.35845/RD 3/2011 DATED 01.02.2012 ISSUED BY THE LSGD(RD), STATE OF KERALA