Kerala High Court
Eren Yeager vs Registrar General And Census ... on 3 April, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) No.10460/2025 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
Thursday, the 3rd day of April 2025 / 13th Chaithra, 1947
WP(C) NO. 10460 OF 2025 (F)
PETITIONER:
EREN YEAGER, AGED 24 YEARS, PARENTS' NAMES NOT KNOWN, SDB SNEHA
BHAVAN, 18/139, PALLURUTHY, KOCHI, KERALA, PIN - 682 006.
RESPONDENTS:
1. REGISTRAR GENERAL AND CENSUS COMMISSIONER OFFICE OF THE REGISTRAR
GENERAL AND CENSUS COMMISSIONER, 2/A, MAN SINGH ROAD NEW DELHI,
DELHI, PIN - 110 011.
2. DISTRICT REGISTRAR OFFICE OF THE DISTRICT REGISTRAR X7FP+54J, KPCC
JUNCTION, OPP MAHARAJA'S GROUND, SHENOYS, KOCHI, ERNAKULAM, KERALA,
PIN - 682 011.
3. MINISTRY OF HOME AFFAIRS NORTH BLOCK, CABINET SECRETARIAT, NEW DELHI
REPRESENTED BY ITS SECRETARY, PIN - 110 001.
4. DIRECTORATE OF SOCIAL JUSTICE SOCIAL JUSTICE DEPARTMENT, 5TH FLOOR,
VIKAS BHAVAN, PMG, THIRUVANANTHAPURAM, KERALA REPRESENTED BY ITS
SECRETARY, PIN - 695 033.
5. THE DIRECTOR AKSHAYA STATE PROJECT OFFICE, SAANKETHIKA, IIND FLOOR,
VRINDAVAN GARDENS, PATTOM.P.O, THIRUVANANTHAPURAM, KERALA, PIN - 695
004.
6. DISTRICT PROJECT MANAGER AKSHAYA DISTRICT PROJECT OFFICE, 5TH FLOOR
, DISTRICT PLANNING, SECRETARIATE BUILDING, CIVIL STATION, KAKKANAD,
ERNAKULAM, PIN - 682 030.
7. SNEHA BHAVAN NEAR SURIYANI PALLI, PALLURUTHY P.O., KOCHI, KERALA
REPRESENTED BY EXECUTIVE DIRECTOR, PIN - 682 006.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents 5 and 6 to accept the application for
the issuance of birth certificate to be made by the petitioner, without
insisting for details of his parents, pending disposal of the above Writ
Petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
27.03.2025 and upon hearing the arguments of SMT.LAKSHMI SREEDHAR,
Advocate for the petitioner, DEPUTY SOLICITOR GENERAL OF INDIA for
respondents 1 & 3 and of GOVERNMENT PLEADER for respondents 2, 4, 5 & 6,
the court passed the following:
WP(C) No.10460/2025 2/4
WP(C) No.10460 of 2024
1
C.S.DIAS, J.
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WP(C) No.10460 of 2025
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Dated this the 03rd day of April, 2025
ORDER
The learned counsel for the petitioner submits that, pursuant to the order dated 27.03.2025, the petitioner had approached the Revenue Divisional Officer, Fort Kochi ('R.D.O' in short) and submitted an application for non- registration of his birth. However, the R.D.O directed the petitioner to approach the Corporation of Kochi and obtain a non-availability of Birth Certificate. Accordingly, the petitioner approached a 'Akshaya Kendra', to submit the application. Then, the petitioner was informed that the website would be operational only after 10.04.2025. Moreover, as per the details to be incorporated in the on-line application, the petitioner's parents' details will also have to be furnished. As the petitioner is an orphan, it will not be possible for him to enter the parents' details. Furthermore, as the petitioner is an orphan, the respondents have to follow Ext.P9 circular.
2. On a consideration of the peculiar facts and circumstances of the case, I suo-motu implead the Revenue WP(C) No.10460/2025 3/4 WP(C) No.10460 of 2024 2 Divisional Officer, Fort Kochi, First floor, KB Jacob Rd, Fort Kochi, Kochi, Kerala 682001 as an additional 8th respondent in the writ petition. Registry to carry out the impleadment both in the physical copy as well as in metadata.
3. The R.D.O is directed to accept the petitioner's physical application without insisting for non-availability of birth certificate, and process the same in accordance with law.
Post on 11.04.2025.
H/o Sd/-C.S.DIAS JUDGE lsn 03-04-2025 /True Copy/ Assistant Registrar WP(C) No.10460/2025 4/4 APPENDIX OF WP(C) 10460/2025 Exhibit P-9 TRUE COPY OF THE CIRCULAR NO. 7/4/2013- VS (CRS) ISSUED BY THE MINISTRY OF HOME AFFAIRS DATED 03.07.2015 03-04-2025 /True Copy/ Assistant Registrar