Kerala High Court
Unknown vs Present on 14 October, 2015
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY, THE 9TH DAY OF AUGUST 2018 / 18TH SRAVANA, 1940
WP(C).No. 22778 of 2018
PETITIONER(S)
1 THRESIAMMA JOSEPH,
W/O. LATE JOSEPH,
ATTUPURATHU HOUSE, KUNINJI P.O,
THODUPUZHA, IDUKKI DISTRICT - 685 583.
2 JOMON JOSEPH,
S/O. LATE JOSEPH,
ATTUPURATHU HOUSE, KUNINJI P.O,
THODUPUZHA, IDUKKI DISTRICT - 685 583.
BY ADVS.SRI.ROY CHACKO
SRI.K.C.VINCENT
RESPONDENT(S):
1. THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY
DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS,
THIRUVANANTHAPURAM - 695 001.
2. THE REGISTRAR OF BIRTHS AND DEATHS,
PURAPUZHA GRAMA PANCHAYAT,
VAZHITHALA P.O, THODUPUZHA, IDUKKI 685 583.
R2 BY ADV. SRI.SHYSON P.MANGUZHA, SC, PURAPUZHA GRAMA PANCHAYATH
R1 BY GOVERNMENT PLEADER SMT.A.C.VIDHYA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-08-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 22778 of 2018 (V)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 COPY OF THE RELEVANT PAGE OF THE PASSPORT OF
ANIL JOSEPH
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF THE SSLC
BOOK
EXHIBIT P3 A TRUE COPY OF THE REQUEST DATED 14-10-2015
EXHIBIT P4 A TRUE COPY OF THE REPLY DATED 17-10-2015
EXHIBIT P5 A TRUE COPY OF THE CERTIFICATE OF BAPTISM DATED
30-04-2018
EXHIBIT P6 TRUE COPY OF THE APPLICATION DATED
27-06-2018,SUBMITTED BY THE 2ND PETITIONER.
EXHIBIT P6(A) TRUE COPY OF THE NOTARIZED AFFIDAVIT OF THE 1ST
PETITIONER DATED 26-06-2018
EXHIBIT P6(B) TRUE COPIES OF THE NOTARIZED AFFIDAVIT OF THE
BROTHER OF THE 1ST PETITIONER DATED 26-06-2018
RESPONDENT(S)' EXHIBITS :
ANNEXURE R2(A) : THE TRUE COPY OF THE RELEVANT PAGES OF BIRTH AND DEATH REGISTER
AVAILABLE IN THE 2ND RESPONDENT'S OFFICE.
//TRUE COPY\\
P.A TO JUDGE
ALEXANDER THOMAS, J.
========================
W.P(C).No.22778 of 2018
=========================
Dated this the 09th day of August, 2018
JUDGMENT
It is the case of the petitioners that they are campaigning the cause of one Sri.Anil Jose (who is the son of the 1 st petitioner and the brother of the 2nd petitioner), who is permanently settled in the United States of America, in respect of his grievance for correction of date of birth in the register maintained as per the provisions of the Registration of Births and Deaths Act and the Rules framed thereunder. During the pendency of the writ petition, the petitioners have produced an affidavit of the said aggrieved party, Sri.Anil Jose, which is notarised before a Notary executed in the United States of America and apostilled by the Lieutenant Governor of the State of Utah in the United States of America.
2. The case projected in this Writ Petition is that correct date of birth of the party concerned is 20.09.1976, but that it was wrongly entered in the birth register as 10.02.1977. Earlier, the petitioners had proceeded on the assumption that the birth of that party was not registered before the Registrar of Births and Deaths and they happened to file Ext.P-3 application dated 14.10.2015 filed on the assumption that the birth was never registered in the birth register and that the birth of the said party should be W.P(C).No.22778 of 2018 2 registered afresh with the abovesaid date of birth. Later on, the 2nd respondent Registrar could ascertain that the birth of the said party was actually registered with that authority on 01.03.1977 and wherein the date of birth has been shown as 10.02.1977 etc. On coming to know of that factual position, subsequent application as per Ext.P-6 dated 27.06.2018 was filed along with Exts.P-6(a) and P-6(b) seeking correction of date of birth in the birth register as 20.09.1976, instead of the earlier entry of 10.02.1977. Notice was issued to the 2nd respondent, who has now entered appearance through counsel and has filed a statement on behalf of that respondent.
3. Heard Sri.Roy Chacko, learned counsel appearing for the petitioners, Smt.A.C.Vidhya, learned Government Pleader appearing for R1 and Sri.Shyson P.Manguzha, learned Standing Counsel appearing for R2. The 2nd respondent has now filed a statement dated 09.08.2017, which reads as follows:
b