Kerala High Court
Manu K. Babu vs The Registrar Of Births And Deaths on 29 May, 2025
WP(C) NO. 7187 OF 2025 1
2025:KER:37551
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 29TH DAY OF MAY 2025 / 8TH JYAISHTA, 1947
WP(C) NO. 7187 OF 2025
PETITIONER:
MANU K. BABU.,
AGED 42 YEARS
S/O. BABU K.T, KUTTIDAVELI, VARANAM P.O,
THANNEERMUKKAM, CHERTHALA, NOW RESIDING AT
ANANDAVELI,VARANAM P.O, CHERTHALA, PIN - 688555
BY ADVS.
JOHN VARGHESE
APARNA SHAJI
AYISHA T.S.
RESPONDENTS:
1 THE REGISTRAR OF BIRTHS AND DEATHS
STATE OF KERALA, DIRECTOR OF PANCHAYATHS,SWARAJ
BHAVAN, THIRUVANANTHAPURAM, PIN - 695003
2 REGISTRAR OF BIRTHS AND DEATHS/SECRETARY,
THANNEERMUKKAM GRAMA PANCHAYAT,THANNEERMUKKAM
P.O, CHERTHALA, PIN - 688527
OTHER PRESENT:
SHRI. SREEJITH V.S., GP.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 29.05.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 7187 OF 2025 2
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MOHAMMED NIAS C.P., J
............................................................
WP(C)No.7187 of 2025
.............................................................
Dated this the 29th day of May, 2025
JUDGMENT
The prayer in the writ petition is to correct Ext.P2
certificate issued by the Registrar of births and deaths,
Thanneermukkom Grama Panchayat, showing the date of birth of
the petitioner as 15.12.1982. The petitioner points out that the
same is not correct, as is evidenced by Ext.P1 Admission Register
and Ext.P3 the entry in the passport. Petitioner complains that his
application was not received by the 2 nd respondent, which forced
him to file an application before the 1st respondent.
2. Petitioner also points out the judgment reported in
Ambika Kaul v. Central Board of Secondary Education and others
[2015 (3) SCT 350] and in the judgment of this Court in W.P.(C)
No.9802 of 2025. This Court in the judgment referred to above
found that the stand of the Registrar is that the date of birth
entered in the birth certificate cannot be corrected was not to be
wrong and held as follows:-
2025:KER:37551
"I am of the view that, in view of the law laid down by the
Division Bench in Prakash Francis Manjaly (supra), this writ
petition is only to be allowed. In Prakash Francis Manjaly
(supra) this Court held as follows:
"15. Main ground of rejection is that
birth extract was corrected once on 14.12.2019 as
per school records, and therefore, further correction
in the birth extract cannot be allowed.
16. Going through the relevant statutory provisions
extracted supra, we do not find any restriction in
the number of corrections to be made in the
Register of Births and Deaths, as the case may be, if
the request is supported by bona f ide records.
17. In the case on hand, the request is
duly supported by the entries in the passport and
Gazette notification issued by the Government of
Kerala, wherein the name of the appellant is shown
as "Prakash Francis Manjaly". The request of the
appellant is only to add the house name "Manjaly"
along with his name. Statute provides for correction
of date of birth or death respectively, subject to the
conditions set forth in the provisions. We do not
find that the request of the appellant falls within
any one of the objectionable conditions.
18. In such a view of the matter, we are of
the view that the order of rejection vide impugned
letter dated 29.11.2019 requires to be interfered
with. So also, the decision of the writ court,
directing the appellant to approach the civil court
under Section 9 of the Code of Civil Procedure, for
the reason that House name is already mentioned in
the passport and in the Gazette Notification."
2025:KER:37551
3. Exts.P1 and P3 also show that the date of birth of the
petitioner as 10.10.1982, which was erroneously shown in Ext.P2 as
15.12.1982.
4. Under the above circumstances, there will be a
direction to the petitioner to make a fresh application before the
2nd respondent, producing a copy of this judgment within two
weeks from the date of receipt of a copy of this judgment. The 2 nd
respondent receiving the same, will make the correction in view of
the observations made above and issue a corrected date of birth
certificate within two weeks thereafter.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
Anu JUDGE
2025:KER:37551
APPENDIX OF WP(C) 7187/2025
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE EXTRACT OF THE
ADMISSION REGISTER ISSUED BY THE
HEADMISTRESS, ST. MATHEW'S HIGH SCHOOL,
KANNANKARA DATED 23-03-2018
Exhibit P-2 TRUE COPY OF THE BIRTH CERTIFICATE
ISSUED BY THE 2ND RESPONDENT ON 18-02-
Exhibit P-3 TRUE COPY OF THE RELEVANT PAGE OF THE
PASSPORT OF THE PETITIONER BEARING NO.
T5565301 DATED 20-05-2019
Exhibit P-4 TRUE COPY OF THE AADHAAR CARD BEARING
NO. 7103 9914 5843 ISSUED TO THE
PETITIONER BY THE GOVERNMENT OF INDIA
Exhibit P-5 TRUE COPY OF THE REPRESENTATION DATED
14-02-2025 SENT TO THE 1ST RESPONDENT
THROUGH SPEED POST
Exhibit P-6 TRUE COPY OF THE RECEIPT DATED 17-02-
2025 ISSUED WHILE REGISTERING EXHIBIT
P-5 THROUGH SPEED POST
