Kerala High Court
Manchu Mary Sam vs State Of Kerala Represented By Its ... on 2 August, 2024
W. P. (C) No. 37558 of 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946
WP(C) NO. 37558 OF 2023
PETITIONER:
MANCHU MARY SAM, AGED 49 YEARS,
D/O. A.M. SAMUEL, KUNNINETHU KIZHAKKETHIL,
CHERIYANAD P.O. ALAPPUZHA, PIN - 689511.
BY ADVS.M/S.D.KISHORE, MEERA GOPINATH &
R.MURALEEKRISHNAN (MALAKKARA)
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
2 THE REGISTRAR OF BIRTHS AND DEATHS
(SECRETARY, CHERIYANAD GRAMA PANCHAYAT), OFFICE
OF THE CHIRIYANAD GRAMA PANCHAYAT, ALAPPUZHA,
PIN - 689511.
3 THE CHIRIYANAD GRAMA PANCHAYAT, REPRESENTED BY
ITS SECRETARY, OFFICE OF THE CHIRIYANAD GRAMA
PANCHAYAT, ALAPPUZHA, PIN - 689511.
BY ADV. SRI. K.M SATHYANATHA MENON
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 02.08.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W. P. (C) No. 37558 of 2023
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MOHAMMED NIAS C. P. , J.
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W. P. (C) No. 37558 of 2023
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Dated this the 2nd day of August, 2024
JUDGMENT
The Writ Petition is filed for a direction to the
2nd respondent to consider Ext.P8 application that was filed
seeking a correction of the name of the petitioner as 'Manchu
Mary Sam' and also, her date of birth as '25.5.1974' in Ext.P7 Birth
Certificate, instead of the name shown as 'Minnu' and the date of
birth shown as '29.12.1973'.
2. Pending the Writ Petition, Ext.R2(a) has been passed by
the Panchayat on 15.11.2023 holding that, there is no provision
for correcting the date of birth in the Panchayat records and that,
the petitioner has to produce proof for claiming correction, as
aforesaid.
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3. The learned counsel for the petitioner submits, based on
the Driving Licence, the Electoral ID, the PAN card, the card
issued by the Employees State Insurance Corporation as well as
the Secondary School Leaving Certificate, all of which show that
the petitioner's name as 'Manchu Mary Sam' and her date of birth
is '25.5.1974'. It is only in Ext.P7 Birth Certificate that the name is
erroneously shown as 'Minnu' and the date of birth as
'29.12.1973'. Even in Ext.P7, the names of both parents are
correctly shown.
4. Going by Section 15 of the Registration of Births and
Deaths Act, 1969, which deals with correction or cancellation of
entry in the register of births and deaths, if it is proved to the
satisfaction of the Registrar that any entry of birth or death in
any register kept by him under this Act is erroneous in form or
substances, or has been fraudulently or improperly made, he
may, subject to such rules as may be made by the State
Government with respect to the conditions on which and the
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circumstances in which such entries may be corrected or
cancelled, correct the error or cancel the entry by suitable entry
in the margin, without any alteration of the original entry, and
shall sign the marginal entry and add thereto the date of
correction or cancellation. As per the Kerala Registration of
Births and Deaths Rules, 1999, the provision is set out in Rule 11.
5. The contention of the Panchayat, that, there is no
provision for corrections, is ex facie wrong. That apart, Exts.P1 to
P6, referred to above, clearly shows the name of the petitioner as
well as the date of birth, including the names of both parents.
Under such circumstances, entries in Ext.P7 have to be taken as
wrong.
6. This Court, in Ex.P9 judgment dated 5.7.2023 in WP(C) No.
19677/2023, on an almost similar situation, relying on the
Division Bench judgment in Secretary, Registrar of Births and
Deaths v. Thomas Jacob and Others [2011 (3) KHC 389], allowed the
request for correction.
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7. Accordingly, the writ petition is allowed. The application
preferred by the petitioner as Ext.P8 should be allowed by the
respondents and the 3rd respondent shall correct the entries with
regard to the name as 'Manchu Mary Sam' and date of birth as
'25.5.1974' in the place of the name 'Minnu' and date of birth as
'29.12.1973'. The 3rd respondent will issue a corrected certificate,
as directed above, within two weeks from today.
The Writ Petition is allowed as above.
Sd/-
MOHAMMED NIAS C. P.,
JUDGE
MMG
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APPENDIX OF WP(C).NO.37558/2023
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE AADHAR CARD OF THE
PETITIONER
EXHIBIT P2 TRUE COPY OF THE DRIVING LICENCE OF
THE PETITIONER
EXHIBIT P3 TRUE COPY OF THE IDENTITY CARD ISSUED
BY THE ELECTION COMMISSION OF INDIA TO
THE PETITIONER
EXHIBIT P4 TRUE COPY OF THE PAN CARD OF THE
PETITIONER
EXHIBIT P5 TRUE COPY OF THE IDENTITY CARD ISSUED
BY THE EMPLOYEES STATE INSURANCE
CORPORATION TO THE PETITIONER
EXHIBIT P6 TRUE COPY OF THE RELEVANT EXTRACT OF
THE SECONDARY SCHOOL LEAVING
CERTIFICATE OF THE PETITIONER
EXHIBIT P7 TRUE COPY OF THE BIRTH CERTIFICATE OF
THE PETITIONER REGISTERED ON 3.1.1974
AND WHICH WAS ISSUED ON 15.9.2023 BY
THE 2ND RESPONDENT
EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED
OCTOBER, 2023 SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT P8(A) TRUE COPY OF THE AFFIDAVIT DATED
12.10.2023 EXECUTED BY THE PETITIONER
BEFORE THE NOTARY PUBLIC
EXHIBIT P8(B) TRUE COPY OF THE POSTAL
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ACKNOWLEDGEMENT RECEIPT EVIDENCING THE
ACCEPTANCE OF EXHIBIT P8 BY THE 2ND
RESPONDENT
EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED
5.7.2023 IN W.P.(C) 19677 OF 2023 OF
THIS HONOURABLE COURT
EXHIBIT P10 TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT IN SECRETARY,
REGISTRAR OF BIRTHS AND DEATHS VS.
THOMAS JACOB & OTHERS REPORTED IN
2011(3) KHC 389
RESPONDENT'S EXHIBITS:
EXHIBIT R2(A) A TRUE COPY OF THE COMMUNICATION
ISSUED BY THE ASSISTANT SECRETARY TO
THE PETITIONER DATED 15.11.2023
BEARING NO. 400430/CRCB04/ GENERAL
ADMINISTRATION/2023/5672/ (1)
