Kerala High Court
Aby Mani vs The Registrar Births And Deaths on 22 October, 2024
W. A. No. 2382 of 2019
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2024:KER:79946
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
WA NO. 2382 OF 2019
AGAINST THE JUDGMENT IN WP(C) NO.37817 OF 2015 OF
HIGH COURT OF KERALA
APPELLANT/S:
ABY MANI
AGED 41 YEARS
S/O. C.M.MANI, CHIRAPPATTU HOUSE, KINGINIMATTOM,
P.O., KOLENCHERRY, ERNAKULAM, PIN CODE-682 311.
BY ADVS.
SHIBU JOSEPH
SRI.SUNIL N.SHENOI
RESPONDENT/S:
1 THE REGISTRAR BIRTHS AND DEATHS,
CHOTTANIKKARA, GRAMA PANCHAYAT, CHOTTANIKKARA,
ERNAKULAM DISTRICT, PIN CODE-682 312.
2 AMBIKA
AGED 45 YEARS
KRISHNA NIVAS, CHOTTANIKKARA, ERNAKULAM DISTRICT,
PIN CODE-682 312.
OTHER PRESENT:
SRI A T ANILKUMAR
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W. A. No. 2382 of 2019
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2024:KER:79946
JUDGMENT
Nitin Jamdar, C. J.
Heard Sri. Shibu Joseph, learned counsel for the Appellant
and Sri. A. T. Anilkumar, learned counsel for Respondent No. 2.
2. The Appellant is aggrieved by the judgment delivered by the
learned Single Judge dated 24 January 2019 in W. P. (C) No. 37817 of
2015 rejecting the petition which prayed for a writ of mandamus to the
Respondent Registrar of Births and Deaths to make corrections in the
Death Certificate issued to the Appellant's father.
3. The Appellant had sought three corrections in the Death
Certificate. Firstly, to include the name of the Appellant's Father's
Father (Grandfather), Secondly, to include the name of the Appellant's
Father's Mother (Grandmother) and thirdly, change in residential
address of his deceased father. Since no decision was taken on the
application, the writ petition was filed.
4. The learned Single Judge has opined that the was a dispute
between the Petitioner / Appellant and Respondent No. 2 and
therefore this dispute needs to be resolved through civil court and
declined to issue a writ of mandamus.
5. Though the learned counsel for the Appellant has sought to
contend that the power of the authority under Section 15 of the
Registration of Births and Deaths Act, 1969 (Act of 1969) is very wide
to decide even disputes of the present nature, however, during the
2024:KER:79946
arguments advanced before us, certain consensus has emerged. Even
though the correction is directed to be made in the Death Certificate,
Section 15 of the Act of 1969 cannot take away civil rights accrued to a
party which is the domain of the civil court, as regards the change of
address is concerned, there is a serious dispute between the Appellant
and Respondent No. 2 (step sister of the Appellant), as this is the
address mentioned in all documents and pension records.
6. The learned counsel for the Appellant submitted that even
assuming that there is a dispute regarding address, there should be no
difficulty in correcting / entering the name of the Grandparents in the
Death Certificate. As regards this position is concerned, learned
counsel for Respondent No. 2 agrees and states that whatever is
provided as regards Grandparents in the Form can be corrected by the
authority. As regards the dispute regarding address is concerned,
learned counsel for the Appellant submitted that it would be agitated
before the appropriate Court.
7. In the light of this position, we dispose of the appeal directing
Respondent No. 1 to consider the application of the Appellant as
regards the inclusion of the name of the Grandparents as per the rules
and as per the format that is provided. As regards the request for the
change of address is concerned, we leave that question open in case the
Appellant approaches the appropriate forum in that regard.
8. Let the above action be taken by the authority on the
application already submitted within a period of six weeks from today
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and necessary certificate be issued to the Appellant on payment of the
prescribed charges.
Sd/-
NITIN JAMDAR
CHIEF JUSTICE
Sd/-
S. MANU
JUDGE
Eb
