Kerala High Court
Deepa Antony vs State Of Kerala on 11 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 6854 OF 2024
PETITIONER:
DEEPA ANTONY
AGED 43 YEARS, W/O JOSEPH CHRISTO,
KOCHERI HOUSE ,ASARICKAL P.O ,
VATTAPARA CHERUMKUZHI,
THRISSUR - 680751.
BY ADVS.
M.R.REENA
P.S.SUJETH
RESPONDENTS:
1 STATE OF KERALA
REP BY ITS SECRETARY DEPARTMENT OF LOCAL
SELF GOVERNMENT SECRETARIATE
,THIRUVANANHAPURAM, PIN - 695001.
2 THE REGISTRAR OF BIRTHS AND DEATHS
AARPOOKKARA GRAMA PANCHAYATH REP BY ITS
SECRETARY MANNANAM -PULIKUTTISSERY ROAD
AARPOOKKARA ,KOTTAYAM PIN - 686008.
BY ADVS.
SREEJITH V.S., GOVERNMENT PLEADER
BLAZE K. JOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.6854 of 2024
:2:
JUDGMENT
Dated this the 11th day of April, 2024
The petitioner is before this Court aggrieved by the
omission on the part of the 2 nd respondent-Registrar of Births
and Deaths to correct the date of birth as requested by the
petitioner.
2. The petitioner states that the petitioner was
actually born on the wee hours of 2 am on 27.02.1980 at
Medical College Hospital, Kottayam. However, in the Birth
Certificate, the petitioner's date of birth is erroneously
recorded as 26.02.1980. The erroneous entry in the Birth
Certificate creates considerable difficulty to the petitioner.
3. Therefore, the petitioner submitted an application
before the 2nd respondent-Registrar of Births and Deaths,
Arpookara Grama Panchayat, seeking to correct the date of
birth. The respondents are not taking any action on the
request, contends the petitioner.
4. Standing Counsel representing the 2 nd respondent
entered appearance and resisted the writ petition. The
Standing Counsel pointed out that the petitioner does not
possess any hospital records to establish that the date of
birth of the petitioner is on 27.02.1980. In the absence of
supporting documents, the 2nd respondent will not be in a
position to consider the request.
5. I have heard the learned Counsel for the petitioner
and the learned Standing Counsel representing the 2 nd
respondent.
6. Taking into consideration the afore facts, I am of
the view that the writ petition can be disposed of with
appropriate directions.
i) The petitioner shall submit to the 2nd
respondent a proper application for correction
of date of birth in the Births Register within a
period of two weeks.
ii) The petitioner shall submit all supporting
documents including the hospital records if
available, to the 2nd respondent.
iii) The petitioner may also submit copies of
the Aadhaar Card, Baptism Certificate,
Passport, etc., in support of the petitioner's
claim.
iv) The 2nd respondent shall consider the
same and take appropriate decision thereon in
accordance with law within a period of one
month from the date of receipt of the
application and supporting documents.
Sd/-
N. NAGARESH
JUDGE
ams
APPENDIX OF WP(C) 6854/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE BAPTISM CERTIFICATE
DATED 17-08-2021 OF THE PETITIONER
Exhibit P2 A TRUE COPY OF THE RELEVANT PAGE OF
THE SSLC BOOK DATED 22-03-1995 OF THE
PETITIONER
Exhibit P3 A TRUE COPY OF THE BIRTH CERTIFICATE
DATED 20-10-2021 ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER
Exhibit P4 A TRUE COPY OF THE APPLICATION
SUBMITTED BY THE PETITIONER TO THE 2ND
RESPONDENT DATED NIL
Exhibit P5 A TRUE COPY OF THE LETTER DATED 15-01-
2024 ISSUED BY THE GOVERNMENT MEDICAL
HOSPITAL KOTTAYAM TO THE 2ND
RESPONDENT
Exhibit P6 A TRUE COPY OF THE AADHAR CARD OF THE
PETITIONER
Exhibit P7 A TRUE COPY OF THE PAN CARD OF THE
PETITIONER
Exhibit P8 A TRUE COPY OF THE PASSPORT OF THE
PETITIONER
