Cheranalloor Grama Panchayat vs Romeo Victor
2024 Latest Caselaw 6273 Ker

Kerala High Court

Cheranalloor Grama Panchayat vs Romeo Victor on 29 February, 2024

Author: V.G.Arun

Bench: V.G.Arun

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
           THE HONOURABLE MR.JUSTICE V.G.ARUN
 THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA,
                           1945
                   RP NO. 293 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN WP(C) NO.447 OF 2024
OF HIGH COURT OF KERALA
REVIEW PETITIONER/S:

    1    CHERANALLOOR GRAMA PANCHAYAT
         REPRESENTED BY ITS SECRETARY, SOUTH CHITTOOR,
         ERNAKULAM., PIN - 682027
    2    SECRETARY
         AGED 55 YEARS
         CHERANALLOOR GRAMA PANCHAYAT, SOUTH CHITTOOR,
         ERNAKULAM,, PIN - 682027
    3    REGISTRAR OF BIRTH AND DEATH
         AGED 55 YEARS
         CHERANALLOOR GRAMA PANCHAYAT, SOUTH CHITTOOR,
         ERNAKULAM., PIN - 682027
         BY ADV T.K.AJITHKUMAR (VALATH)

RESPONDENT/S:

    1    ROMEO VICTOR
         AGED 40 YEARS
         THOLATH HOUSE, ACHUTHAN, CHERANALLOOR P.O,
         ERNAKULAM., PIN - 682034
    2    JENNY CHERUNNY
         AGED 37 YEARS
         THOLATH HOUSE, ACHUTHAN, CHERANALLOOR P.O,
         ERNAKULAM, PIN - 682034
    3    DISTRICT CHILD PROTECTION OFFICER
         GROUND FLOOR, CIVIL STATION, KAKKANAD., PIN -
         682030
    4    CHILD PROTECTION COMMITTEE
         REPRESENTED BY ITS SECRETARY, DISTRICT CHILD
         PROTECTION OFFICE, GROUND FLOOR, CIVIL STATION,
         KAKKANAD., PIN - 682030
    5    COMMISSIONER OF POLICE
         REVENUE TOWER, NEAR BOAT JETTY, ERNAKULAM., PIN
 RP No.293 of 2024

                                 -2-


            - 682011
    6       STATION HOUSE OFFICER
            CHERANALLOOR POLICE STATION, ERNAKULAM., PIN -
            682027
OTHER PRESENT:

            SR.GP.PREETHA K.K.


        THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
29.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RP No.293 of 2024

                                    -3-



                                   ORDER

Dated this the 29th day of February, 2024

This petition is filed seeking review of the

judgment, primarily on the ground that the DNA

test, which this Court has held to be not within

the powers of the Registrar of Births and Deaths

while considering an application for registration

of birth, was issued at the instance of the

Kerala State Commission for Protection of Child

Rights.

2. Learned Counsel refers to Annexure 4

order to submit that it was the Kerala State

Commission for Protection of Child Rights that had

directed to conduct DNA test as there were

certain suspicious circumstances in connection

with the birth of the child to the writ

petitioners. It is contended that Annexure 4

order was deliberately suppressed by the writ

petitioners and had that document been produced,

the judgment would have been different.

3. No doubt, the writ petitioners ought to

have produced Annexure 4 order, if they had

received the same. At the same time, having

perused Annexure 4 order, I am of the opinion

that the Kerala State Commission for Protection of

Child Rights cannot direct the Registrar of Births

and Deaths to conduct a DNA test. If any

complaint or report is received pointing out

suspicious circumstances, it is for the

Commission to take appropriate action. A

statutory authority like the Registrar of Births

and Deaths, whose actions are governed by the

Registration of Births and Deaths Act and the

Rules thereunder cannot be called upon to conduct

the DNA test.

Therefore, I find no reason to interfere with

the judgment. Consequently, the review petition

is dismissed.

Sd/-

V.G.ARUN JUDGE Scl/