Lakshmi Gopalakrishnan vs Paravoor Municipality, Rep. By ...
2022 Latest Caselaw 7286 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
        THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                       WP(C) NO. 14194 OF 2022
PETITIONER:

            LAKSHMI GOPALAKRISHNAN
            AGED 68 YEARS
            D/O. VENKATESWARAN,
            PUTHAN MADATHIL, 185,
            HMEL TOWNSHIP, REFINARY ROAD,
            RAMSARA, RAMAN BATHINDA,
            PUNJAB - 151 301,
            ALSO AT 2ND FLOOR,
            FIFIA TOWERS, PANAYAPPILLY,
            KOCHI - 682 002.

            BY ADVS.
            V.K. PEER MOHAMED KHAN
            C.J. CHACKO
            GIRISH KUMAR V.C


RESPONDENTS:

    1       PARAVOOR MUNICIPALITY,
            REPRESENTED BY ITS SECRETARY,
            NORTH PARAVOOR, ERNAKULAM - 691 301.
    2       THE REGISTRAR OF BIRTHS AND DEATHS,
            PARAVOOR MUNICIPALITY,
            NORTH PARAVOOR, ERNAKULAM - 691 301.
    3       CHIEF REGISTRAR,
            BIRTH AND DEATH DEPARTMENT,
            PANCHAYATH AUTHORITY,
            THIRUVANANTHAPURAM - 695 033.

            SRI. ANOOP V.NAIR - SC, NORTH PARAVUR MUNICIPALITY



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.14194 OF 2022

                                2




                            JUDGMENT

The writ petition is filed challenging Exts.P14 and

P16 orders passed by respondents 2 and 3,

respectively on the application made by the petitioner

for correction of her date of birth in Ext.P7 certificate.

According to the petitioner, the correct date of birth is

09.07.1975. However, in Ext.P7 certificate it has

been recorded as 27.08.1975.

2. On receipt of Ext.P8 application for

correction of date of birth, the 1 st respondent, by

Ext.P9 notice asked the petitioner to produce certain

documents in support of her claim. The petitioner

submitted Ext.P10 reply to Ext.P9. Pursuant thereto,

the 1st respondent conducted a local enquiry for

collecting more information with respect to the date WP(C).No.14194 OF 2022

of birth of the petitioner. The petitioner contends

that the local enquiry was conducted behind the back

of the petitioner and it is based on the said local

enquiry that the impugned orders have been passed

by the respondents.

3. Sri.Adithyan, the learned counsel

representing the counsel for the petitioner submits

that, the impugned orders have been passed taking

into consideration the documents produced by the

petitioner as well.

4. From the statement filed on behalf of the 1st

respondent, it is seen that a report pursuant to the

local enquiry was relied on for considering the

application of the petitioner for correction of date of

birth. It is seen that the said local enquiry was

conducted without notice to the petitioner. Since the

report of the local enquiry was also relied on by the WP(C).No.14194 OF 2022

2nd respondent for considering the application of the

petitioner for correction of date of birth, I set aside

the impugned orders, being passed in violation of

principles of natural justice.

5. In the facts and circumstances of the case,

there will be a direction to the 2nd respondent to

consider Ext.P8 application of the petitioner afresh.

The petitioner can file objection to Ext.P12 report and

can also furnish fresh affidavits or any other

documents available with the petitioner in support of

her application for correction of date of birth. The 2 nd

respondent shall consider all materials and pass

appropriate orders, in accordance with law. The

petitioner shall appear before the 2 nd respondent

either in person or through representative with

necessary documents within one week from the date

of receipt of a copy of this judgment and the 2 nd WP(C).No.14194 OF 2022

respondent can fix a date for hearing which shall not

be later than two weeks therefrom and final orders

will be passed within a period of two weeks from the

date of hearing.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C).No.14194 OF 2022

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE CERTIFICATES OF MATRICULATION EXAMINATION.

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF HIGHER SECONDARY COURSE EXAMINATION.

EXHIBIT P3 TRUE COPY OF THE TRANSFER CERTIFICATE AFTER COMPLETING THE HIGHER SECONDARY COURSE.

EXHIBIT P4 TRUE COPY OF THE TRANSFER CERTIFICATE AFTER COMPLETING THE DEGREE COURSE. EXHIBIT P5 TRUE COPY OF THE MARRIAGE CERTIFICATE. EXHIBIT P6 TRUE COPY OF THE PASSPORT ISSUED IN THE NAME OF HEMA KALYANI.

EXHIBIT P7 TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER.

EXHIBIT P9 TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE REPLY LETTER SUBMITTED BY THE PETITIONER.

EXHIBIT P11 TRUE COPIES OF AFFIDAVIT OF BIRTH SUBMITTED BY THE PETITIONER AND OTHERS.

EXHIBIT P12 TRUE COPY OF THE OFFICE NOTE PREPARED BY THE 2ND RESPONDENT.

EXHIBIT P13 TRUE COPY OF THE REGISTER OF BIRTHS AND DEATHS KEPT BY THE 2ND RESPONDENT. EXHIBIT P14 TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P15 TRUE COPY OF THE APPEAL SUBMITTED BEFORE THE 3RD RESPONDENT.

EXHIBIT P16 TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT.

     RESPONDENTS EXHIBITS:    NIL.