Sminu vs State Of Kerala
2023 Latest Caselaw 9042 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
                        WP(C) NO. 26489 OF 2023
PETITIONER/S:

    1     SMINU,
          AGED 37 YEARS
          D/O KOCHAPPAN, MANJALY HOUSE, KORATTY, KIZHAKKUMURI,
          NALUKETTU, THRISSUR,, PIN - 680308
    2     KOCHAPPAN M.Y,
          AGED 73 YEARS
          S/O YOHANNAN, MANJALY HOUSE, KORATTY, KIZHAKKUMURI,
          NALUKETTU, THRISSUR, PIN - 680308

          BY ADVS.
          V.GIRISHKUMAR
          JAISHANKAR V.NAIR


RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY, DEPARTMENT OF LOCAL SELF
          GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM,
          PIN - 695033
    2     THE REVENUE DIVISIONAL OFFICER,
          MINI CIVIL STATION, IRINJALAKKUDA, THRISSUR,
          PIN - 680125
    3     REGISTRAR OF BIRTH & DEATH/SECRETARY,
          KORATTY GRAMA PANCHAYAT, THRISSUR, PIN - 680308
    4     THE VILLAGE OFFICER
          KIZHAKKUMURRY VILLAGE OFFICE, KORATTY, THRISSUR,
          PIN - 680308
          BY ADVS.
          PHILIP T.VARGHESE
          ACHU SUBHA ABRAHAM(K/001758/1999)
          V.T.LITHA(K/278/2006)
          K.R.MONISHA(K/915/2013)
          G.P-SMT.PARVATHY K


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).No.26489 of 2023                      2



                               J U D G M E N T

The 1st petitioner, who claims her date of

birth as 03.03.1986, is presently employed in Saudi

Arabia. The 2nd petitioner, her father, applied for

registration of her birth before the Registrar of

Births and Deaths, the 3rd respondent. The birth of

the 1st petitioner was not registered with the

concerned Panchayat and the 3rd respondent issued

Ext. P4 non-availability certificate certifying that

the birth is not registered with the Panchayath.

Section 13 (3) of the Registration of Births and

Deaths Act, 1969 provides that if the birth is not

registered within one year of its occurrence, the

same shall be registered only on an order made by

the Revenue Divisional Officer after verifying the

correctness of the birth. Accordingly, the 2nd

petitioner, by Ext. P5 application, approached the

2nd respondent RDO to condone the delay in

registration along with the copy of Ext. P4 non-

availability certificate. The RDO called for a

report from the Village Officer who submitted Ext.

P6 report. The RDO, by Ext. P10 proceedings,

returned the report to the Village Officer for

further enquiry on the ground that the date of birth

entered in the Baptism Certificate as well as other

records produced by the 1st petitioner varies.

Further, no steps thereto have been taken by the

respondents on the application for registration of

birth of the 1st petitioner. The petitioners,

therefore, seek to quash Ext. P10 and to direct the

RDO to consider Ext.P5 application de hors the entry

in the Baptism Certificate.

2. Heard Sri.Girish Kumar, the learned

counsel for the petitioners, Sri. Philip T.

Varghese, the learned counsel for 3rd respondent and

Smt. Parvathy.K, the learned Government Pleader for

respondents 1 and 2.

3. The learned counsel for the petitioners

contends that Baptism Certificate cannot be relied

on when there are other documents to prove the date

of birth. The date of birth entered in Ext.P1 SSLC

Certificate, Ext.P2 Aadhaar Card and Ext.P3

Electoral Identity card, is 03.03.1986. When public

documents like Aadhaar Card, Electoral Card etc.

which enjoy legal presumption of its correctness in

terms of the Indian Evidence Act, 1972 shows the

date of birth of the 1st petitioner as 03.03.1986,

the 2nd respondent cannot return the application of

the 1st petitioner on the ground that the date of

birth in the Baptism Certificate differs. The

Baptism Certificate is issued by the church to

record baptism of a person. No primacy can be

accorded to the Baptism Certificate when public

documents are available indicating the date of

birth. Ext.P10 is, accordingly, set aside. There

will be a direction to the 2nd respondent to

consider Ext.P5 application of the 1 st petitioner

for registration of birth on the basis of Ext.P1 to

P3 documents. This shall be done within a period of

3 weeks from the date of receipt of a copy of this

judgment.

The writ petition is disposed of.

Sd/-

                                                     MURALI PURUSHOTHAMAN
      SM                                                      JUDGE





                          APPENDIX OF WP(C) 26489/2023

PETITIONER EXHIBITS
Exhibit P1                 TRUE COPY OF THE SSLC CERTIFICATE OF THE 1ST
                           PETITIONER
Exhibit P2                 TRUE COPY OF THE AADHAR CARD OF THE 1ST
                           PETITIONER
Exhibit P3                 TRUE COPY OF THE ELECTORAL IDENTITY CARD OF
                           THE 1ST PETITIONER
Exhibit P4                 TRUE COPY OF THE NON-AVAILABILITY CERTIFICATE

DATED 25/06/2022 ISSUED BY THE 3RD RESPONDENT Exhibit P5 TRUE COPY OF THE PETITION DATED 08/07/2022 ALONG WITH THE AFFIDAVIT Exhibit P6 TRUE COPY OF THE REPORT OF THE 4TH RESPONDENT Exhibit P7 THE TRUE COPY OF THE BAPTISM CERTIFICATE DATED 18/07/2022 ISSUED BY VICAR, ST.JOSEPHS CHURCH, SHANTHIGIRI-NALUKETTU Exhibit P8 TRUE COPIES OF THE BIRTH CERTIFICATE-

NEIGHBOR'S CERTIFICATE ISSUED BY 2 NEIGHBORS OF THE PETITIONERS Exhibit P9 TRUE COPIES OF THE BIRTH CERTIFICATE-

NEIGHBOR'S CERTIFICATE ISSUED BY 2 NEIGHBORS OF THE PETITIONERS Exhibit P10 TRUE COPY OF THE ORDER DATED 12/08/22 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT Exhibit P11 A TRUE COPY OF THE JUDGEMENT IN WPC 20944 OF 2023 DATED 27.07.2023