Kerala High Court
Alice K T vs The Registrar Of Birth And Death on 22 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
WP(C) NO.8637 OF 2022
PETITIONER :-
ALICE K T, AGED 52 YEARS
W/O.PAYYAPPILLY PAULY @ PAULY PC, AND
D/O.KUNNATHUMOLAYIL THOMAS, PAYYAPPILLY HOUSE,
KACHITHODE, VELLANIKKARA P. O., MADAKAATHRA,
THRISSUR DT., PIN - 680 651.
BY ADV SHOBY K.FRANCIS
RESPONDENTS :-
1 THE REGISTRAR OF BIRTH AND DEATH
THRISSUR CORPORATION,
OFFICE OF THE THRISSUR MUNICIPAL CORPORATION,
THRISSUR - 680 001.
2 THE SECRETARY
THRISSUR CORPORATION,
OFFICE OF THE THRISSUR MUNICIPAL CORPORATION,
THRISSUR - 680 001.
3 THRISSUR MUNICIPAL CORPORATION
REPRESNTED BY ITS SECRETARY, THRISSUR CORPORATION,
OFFICE OF THE THRISSUR MUNICIPAL CORPORATION,
THRISSUR - 680 001.
BY ADV SRI. SANTHOSH P.PODUVAL, SC, THRISSUR
CORPORATION
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.8637 OF 2022
-: 2 :-
JUDGMENT
Dated this the 22nd day of March, 2022
This writ petition is filed seeking the following reliefs :-
"(I) Issue a writ of Certiorari and quash Exhibit P9 intimation
issued by the 1st respondent.
(II) Issue a Writ of Mandamus directing the 1st respondent to
consider the Exhibit P8 request of the petitioner and
make necessary entries, including her full name and
address and that of the father of her children Pauly P C,
in the birth register and certificate of her children
namely Jibin Paul and Sibin Paul and issue a fresh Birth
Certificate incorporating all the relevant details and
particulars.
(III) Issue a Writ of mandamus directing the respondents to
deal with the Exhibit P8 application in accordance with
the Rule 11(2) of the Kerala Registration of Births and
Deaths Rules, 1999 and pass orders on the same within a
time limit to be fixed by this Hon'ble Court."
2. Heard the learned counsel for the petitioner and the
learned Standing Counsel appearing for the respondents.
3. It is submitted that the petitioner has two children
named Jibin and Sibin born in the wedlock between her and her
second husband Payyappilly Pauly @ Pauly P C which was
solemnized by Ext.P1. It is submitted that in the birth certificate of
the elder child of the petitioner, the name of the father is shown as
'Paul' while in the birth certificate of the second child, the name is
WP(C) NO.8637 OF 2022
shown as 'Pauly'. It is submitted that the petitioner had made an
application for including the family name of the petitioner's
husband in the birth certificate and also to correct the birth
certificate of the elder child by showing the father's name as
'Pauly' instead of Paul. However, by Ext.P9, the application was
rejected stating that there is a name included in the birth
certificate as the name of the father and that there is no provision
for inclusion of the address in the birth certificate. The learned
counsel for the petitioner submits that the petitioner only wants to
change the name of the father by correcting it including the initials
and family name. It is submitted that the said application is liable
to be considered in accordance with law, untrammelled by Ext.P9.
4. The learned Standing Counsel appearing for the
respondents submits that there is no provision to correct the name
in the birth certificate and all that can be done is the cancellation
of the name in the birth register and the inclusion of the corrected
particulars in the margin of the said register. It is submitted that
after the said process is carried out, certification to that effect can
also be issued to the petitioner.
5. Having heard the learned counsel on either side, I am of
the opinion that in view of the fact that the petitioner has made an
application for entering the name of the child's father by including
WP(C) NO.8637 OF 2022
his family name also in the birth register, the same is liable to be
considered in accordance with law.
In the result, Ext.P9 is set aside. There will be a
direction to the 1st respondent to take up the application submitted
by the petitioner for correction in the birth register and to consider
and pass orders on the same and to take appropriate steps to effect
the corrections, in accordance with law, within a period of three
weeks from the date of receipt of a copy of this judgment. After
the corrections are appropriately carried out in accordance with
Section 15 of the Registration of Birth and Death Act, 1969 and
Rule 11(2) of the Kerala Registration of Births and Deaths Rules,
1999, appropriate certificate shall also be issued to the petitioner.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
Jvt/26.3.2022
WP(C) NO.8637 OF 2022
APPENDIX OF WP(C) 8637/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REGISTERED DOCUMENT
NO.1130/1996 DAED 10.07.1996 OF SRO OLLUKKARA.
Exhibit P2 TRUE COPY OF THE BIRTH CERTIFICATE DATED
16.05.2003 WITH REG. NO.1877/2C/97 ISSUED BY
THE 1ST RESPONDENT IN THE NAME OF THE JIBIN
PAUL.
Exhibit P3 TRUE COPY OF THE BIRTH CERTIFICATE DATED
16.05.2003 WITH REG. NO.2891/2C/99 ISSUED BY
THE 1ST RESPONDENT IN THE NAME OF THE SIBIN
PAUL.
Exhibit P4 TRUE COPY AADHAR CARD ISSUED TO THE PETITIONER
DATED NIL.
Exhibit P5 TRUE COPY OF THE ELECTION VOTERS' DATED
01.08.2012 ISSUED TO THE PETITIONER.
Exhibit P6 TRUE COPY OF THE ONE AND SAME CERTIFICATE DATED
23.04.2021 ISSUED BY THE VILLAGE OFFICER TO THE
PETITIONER.
Exhibit P7 TRUE COPY OF THE LETTER DATED 5.9.2021 ISSUED
BY THE PARISH PRIEST TO THE PETITIONER.
Exhibit P8 TRUE COPY APPLICATION SUBMITTED BY THE
PETITIONER TO THE 1ST RESPONDENT DATED
22.01.2022.
Exhibit P9 TRUE COPY INTIMATION DATED 10.02.2022 ISSUED BY
THE 1ST RESPONDENT TO THE PETITIONER.
