Kerala High Court
Subramaniam Manoj @ S. Manoj vs The Kollam Municipal Corporation, ... on 12 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 44250 OF 2023
PETITIONER:
SUBRAMANIAM MANOJ @ S. MANOJ,
AGED 49 YEARS, S/O. SARASWATHY PILLAI,
PRIYAM ARA-121,KAIKULANGARA NORTH,
THIRUMULLAVARAM P.O., KOLLAM - 691012.
BY ADV E.S.ASHRAF
RESPONDENTS:
1 THE KOLLAM MUNICIPAL CORPORATION,
REPRESENTED BY THE SECRETARY,
KOLLAM, PIN - 691001.
2 THE REGISTRAR OF BIRTH AND DEATH
KOLLAM CORPORATION, KOLLAM - 681001.
BY ADV.S.SREEKUMAR (KOLLAM)
STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.44250 of 2023
:2:
JUDGMENT
Dated this the 12th day of April, 2024
The petitioner is before this Court seeking to consider
Exts.P8 and P10 applications submitted by the petitioner for
correction of Date of Birth and to issue Birth Certificate
making necessary correction in the Birth Certificate showing
the Date of Birth as 05.05.1974 instead of 05.01.1974.
2. It is evident from the pleadings that the petitioner's
birth has been recorded as 05.01.1974 in the Birth
Certificate. Ext.P1 SSLC, Ext.P2 Passport, Ext.P3 Aadhar
Card, P4 Driving Licence and Ext.P5 Drivers' Licence issued
by the authorities and Ext.P6 affidavit would show that the
correct Date of Birth of the petitioner is 05.05.1974. However,
the 2nd respondent-Registrar is refusing to make correction in
the Birth Certificate.
3. Standing Counsel representing the respondents
submitted that as per the Registration of Births and Deaths
Act, 1969, correction in the Birth Certificate cannot be made
on the basis of school records. The writ petition is therefore
without any merit and is liable to be dismissed, contended
the Standing Counsel representing the respondents.
4. I have heard the learned Counsel for the petitioner
and the learned Standing Counsel representing the
respondents.
5. This Court has considered a similar issue in
Jyothy V. Baby v. State of Kerala and another [2021(4)
KLT 121]. This Court noted that in the judgment in the
Registrar of Births and Deaths v. Thomas Jacob, this
Court has held that if it is proved to the satisfaction of the
Registrar that any entry of birth or death in any Register kept
by him under the Act is erroneous in form or substances, he
may subject to such rules as may be made by the State
Government with respect to conditions on which and the
circumstances in which such entries may be corrected or
cancelled, correct the error or cancel the entry by suitable
entry in the margin, and shall sign the marginal entry and add
thereto the date of correction or cancellation.
In view of the law laid by this Court in the judgment in
Jyothy V. Baby (supra), I am of the view that the 2 nd
respondent-Registrar shall reconsider the issue of correction
of Date of Birth in the light of Exts.P1 to P6 documents.
Ext.P11 order is therefore set aside. The 2 nd respondent is
directed to reconsider the application and pass orders afresh
within a period of two months.
Sd/-
N. NAGARESH
JUDGE
ams
APPENDIX OF WP(C) 44250/2023
PETITIONER'S EXHIBITS
ExhibitP1 TRUE COPY OF THE SSLC CERTIFICATE
ISSUED BY THE BOARD OF SECONDARY
EDUCATION TAMIL NADU, CERTIFICATE S
NO. A 3861106.
Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF
PASSPORT BEARING NO. Z5185665 OF THE
PETITIONER.
Exhibit P3 TRUE COPY OF THE AADHAR CARD BEARING
NO. 8385 1306 1226OF THE PETITIONER
PASSPORT BEARING NO. Z5185665.
Exhibit P4 TRUE COPY OF THE DRIVING LICENSE
ISSUEDON 04.05.2022 TO THE PETITIONER
FROM GOVERNMENT OF KERALA NO. DLNOKL02
20220008668.
Exhibit P5 RUE COPY OF THE AMERICAN DRIVING
LICENSE FROM WASHINTON BEARING NO.
WDL1ZB70D13B.
Exhibit P6 TRUE COPY OF THE AFFIDAVIT SWORN BY
MOTHER OF THE PETITIONER DATED
17.10.2023.
Exhibit P7 TRUE COPY OF THE BIRTH CERTIFICATE
BEARING KEY NO. B0020168-7417511699
ISSUED ON 24.05.2022 FROM KOLLAM
CORPORATION.
Exhibit P8 TRUE COPY OF THEAPPLICATION SUBMITTED
BY THE PETITIONER 0N 29.11.2023
WITHOUT ITS ENCLOSURES BEFORE THE 2ND
RESPONDENT.
Exhibit P9 TRUE COPY OF THE RECEIPT ISSUED BY
KOLLAM CORPORATION.DATED 29.11.2023TO
SMT. SARASWATHI PILLAI.
Exhibit P10 TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER IN THE PRESCRIBED
FORMAT DATED 29.11.2023.
Exhibit P11 TRUE COPY OF THE COMMUNICATION NO.
H4D/45647/2023 DATED 21.12.2023 ISSUED
BY THE SUB-REGISTRAR OF BIRTH AND
DEATH, KOLLAM MUNICIPAL CORPORATION.
