Kerala High Court
Anitha Menachery vs The Regional Joint Director on 14 November, 2016
Author: K. Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
MONDAY, THE 14TH DAY OF NOVEMBER 2016/23RD KARTHIKA, 1938
WP(C).No. 22016 of 2016 (B)
----------------------------
PETITIONER(S):
-------------
1. ANITHA MENACHERY
W/O. FRANCIS JOHN MENACHERY, NO.9,
NANDIDURGA EXTENSION, 7TH ROAD, NEAR SBM,
BANGALORE NORTH, BENSON TOWN,
BANGALORE-560046
2. MR. ANOOP MENACHERY
S/O FRANCIS JOHN MENACHERY, NO.9,
NANDIDURGA EXTENSION, 7TH ROAD, NEAR SBM,
BANGALORE NORTH, BENSON TOWN,
BANGALORE-560046, REPRESENTED BY HIS MOTHER
AND POWER OF ATTORNEY, MRS. ANITHA MENACHERY
BY ADVS.SRI.MATHEWS K.UTHUPPACHAN
SRI.TERRY V.JAMES
SRI.SHARAN SHAHIER
RESPONDENT(S):
--------------
1. THE REGIONAL JOINT DIRECTOR, URBAN AFFAIRS
OFFICE OF THE REGIONAL JOINT DIRECTOR OF URBAN
AFFAIRS COCHIN-682031
2. THE CHIEF REGISTRAR OF BIRTHS AND DEATHS
OFFICE OF THE DIRECTOR OF PANCHAYATHS,
THIRUVANANTHAPRUAM-695001
3. THE REGISTRAR OF BIRTHS AND DEATHS
NORTH PARAVUR MUNICIPALITY,
NORTH PARAVUR, ERNAKULAM-683513
4. THE VILLAGE OFFICER
VARAPUZHA VILLAGE OFFICE,
ERNAKULAM-683513
R1,R2 & R4 BY GOVERNMENT PLEADER
SMT. VINITHA HARIRAJ
R3 BY ADV. SRI.C.S.AJITH PRAKASH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 14-11-2016,THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
bp
WP(C).No. 22016 of 2016 (B)
----------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-----------------------
P1: TRUE COPY OF AADHAR CARD O THE 1ST PETITIONER
P1(A): TRUE COPY OF ELECTION COMMISSION OF INDIA IDENTITY
CARD OF THE 1ST PETITIONER
P1(B): TRUE COPY OF PAN CARD OF THE 1ST PETITIONER
P2: TRUE COPY OF RELEVANT PAGES OF THE PASSPORT OF THE
2ND PETITIONER
P3: TRUE COPY OF THE BIRTH CERTIFICATE DT. 9/8/05 OF
ASHA MENACHERY
P4: TRUE COPY OF BIRTH CERTIFICATE DT. 18/4/16 OF ASHA
MENACHERY ISSUED BY THE HEALTH INSPECTOR REGISTRAR
OF BIRTHS AND DEATHS, CORPORATION OF COCHIN
P5: TRUE COPY OF APPLICATION DT. 18/4/16 OF THE 1ST
PETITIONER BEFORE THE 3RD RESPONDENT
P6: TRUE COPY OF CERTIFICATE NO. 694/16 DT. 19/4/16
ISSUED BY THE 4TH RESPONDENT VILLAGE OFFICER
P7: TRUE COPY OF CERTIFICATE DT. 18/4/16 OF THE CHIEF
MEDICAL OFFICER, K.M.K.HOSPITAL, NORTH PARAVUR
P8: TRUE COPY OF DECLARATION DT. 18/4/116 OF THE
ASSISTANT ENGINEER, LSGD, VARAPUZHA
P9: TRUE COPY OF DECLARATION DT. 19/4/16 OF THE
ASSISTANT SURGEON, HEALTH SERVICE, VARAPUZHA
P10: TRUE COPY OF APPLICATION DT. 22/4/16 FILED BY THE
1ST PETITIONER BEFORE THE 3RD RESPONDENT FOR ISSUING
BIRTH CERTIFICATE OF THE 2ND PETITIONER
P11: TRUE COPY OF LETTER DT. 22/4/16 OF THE 1ST
PETITIONER TO THE 2ND RESPONDENT WITH COPY TO THE
1ST RESPONDENT
P12: TRUE COPY OF LETTER DT. 3/5/16 OF THE 2ND
RESPONDENT DIRECTING THE 1ST RESPONDENT TO SUBMIT A
REPORT WITH REGARD TO EXT. P11 COMPLAINT OF THE
PETITIONER
WP(C).No. 22016 of 2016 (B)
P13: COPY OF ORDER NO. PH 2-174/16 DT 30/6/2016 OF
THE R3.
P14: COPY OF THE 1ST PETITIONERS HUSBANDS ELECTION ID.
P14(a): COPY OF THE 1ST PETITIONERS HUSBANDS AADHAR CARD.
P14(b): COPY OF THE 1ST PETITIONERS HUSBANDS PASSPORT.
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.S. TO JUDGE
"C.R."
K. Vinod Chandran, J
----------------------------------------
W.P.(C) No.22016 of 2016-B
----------------------------------------
Dated this the 14th day of November, 2016
JUDGMENT
The petitioners are mother and son. The grievance of the petitioners is against Exhibit P13 order, which directed the name of the 1st petitioner to be shown in the 2nd petitioner's birth certificate as Anitha alias Anitha Menahcery. The petitioners contend that the Circular issued by the Government itself permits the name to be shown as "Anitha Menachery" without an "alias".
2. The learned Standing Counsel for the Municipality has produced, across the Bar, the Circular of 2015, bearing No.B1-4356/2015 dated 07.02.2015 issued by the Chief Registrar. The contention taken by the Municipality is that as per Clause 7.7 when there is a request for including the name by which a person is known, in the birth certificate the same can be included with an "alias" and Clause 8.8 mandates that, for correction of the name of either parent, in a birth certificate, production of the School Leaving Certificate of that parent, whose name is sought to be corrected is mandatory.
WP(C) No.22016 of 2016 - 2 -
3. The learned Counsel for the petitioner would rely on Clause 8.10, which stipulates that if the name of the father or mother in the birth certificate is to be corrected, either by expansion of the initial or by inclusion of the spouse's name, then there should be a certificate issued by a Notary or two Gazetted Officers or a Village Officer.
4. The facts are to be noticed to understand the contention of the petitioners. The 1st petitioner, along with her husband, was working in Kuwait from where they returned during the Kuwait war; when all their certificates were lost. The petitioners have produced Exhibit P1 Aaadhar Card, Exhibit P1(a) Electoral Identity Card, Exhibit P1(b) Permanent Account Number Card issued by the Income Tax Department to the 1st petitioner and also Exhibit P2 Passport issued to the 2nd petitioner, in which the 1st petitioner is consistently declared as "Anitha Menachery". Exhibit P3 is the birth certificate of the daughter of the 1st petitioner and the sister of the 2nd petitioner, wherein also the name of the sister is shown as "Asha Menachery" and the mother's name earlier shown as "Anitha Francis", which was later corrected as "Anitha Menachery" by Exhibit P4. It is in this factual situation the WP(C) No.22016 of 2016 - 3 - petitioners' prayer has to be considered.
5. As per Clause 7.7 relied on by the learned Standing Counsel, the name by which a person is normally known or a nick name has to be included, in the Birth Certificate with an "alias". This would not be applicable in the present case, since what they seek is correction of the mistake occurred at the time of registration, wherein the mother's maiden name was indicated and the inclusion of the husband's family name was not made. Hence, it cannot be said that inclusion of the nick name by which the 1st petitioner is known; was the prayer made by the petitioners.
6. The further reliance placed is on Clause 8.8, which mandates production of School Leaving Certificate of the parent whose name is sought to be corrected. The petitioners' case is that the petitioners lost all the documents when they returned from abroad due to Kuwait war. Be that as it may, the 1st petitioner's maiden name was 'Anitha' and the production of the School Leaving Certificate would only indicate her name to be 'Anitha'. The said certificate obviously would not show the name of her husband. The production of the school certificate definitely would not enable the petitioners to get the correction as sought for herein. WP(C) No.22016 of 2016 - 4 -
7. As submitted by the learned Counsel for the petitioners, what is applicable in the present case is Clause 8.10, which reads as under:
"8.10e<HH x<_Xmgd?WH_W gx6fM?aJ_O_GaU
N^D^I_D^A{af? gIxm ('H_WcW U_5X_M_AW,
U_U^YgVW" M^xcOaf? gIx_fH^M" MVJ^U_fa gIxm g:VJ_GaU U_Ux", gNWU_\^XJ_\aI^5aK %fxfJxa5Z .K_U) D_xaJaKD_Hm gH^Gy_, xIm 7XxAm )gFc^7XmEV, U_g\o<m &K`XV .K_Uxaf?
XVG_K_Axa5{af? %?_XmE^HJ_W Xb:H (12) f\ UcUXmE5ZAa U_gGON^O_ %HaUF_A^UaKD^C.m".
The petitioners seek that the mother's name shown in the Birth Certificate may be changed from her maiden name and the husband's family name be included. The inclusion of the spouse's name can be done only on production of a certificate from a Village Officer or two Gazetted Officers or a Notary.
8. The petitioners have produced the certificate of the Village Officer at Exhibit P6. Three Gazetted Officers have also certified the 1st petitioner being known as "Anitha Menachery", W/o.Francis John Menachery after her marriage. This is not the inclusion of a nick name but the expansion effected of the change in name upon marriage, including the spouse's name; which by WP(C) No.22016 of 2016 - 5 - customary practices of the community, would also include the family name of the spouse.
9. In such circumstances, under Clause 8.10 of the Circular, the petitioners are entitled to seek correction of the name of the mother of the 2nd petitioner as "Anitha Menachery" in the birth certificate. Either the petitioners or their representative shall produce the originals of Exhibits P6 to P8 before the 3rd respondent and the said respondent shall make such correction and issue a fresh birth certificate to the 2nd petitioner showing the name of his mother as "Anitha Menacherry". The direction shall be complied within a period of three weeks from the date of receipt of a certified copy of this judgment.
The writ petition is allowed. No costs.
Sd/-
K.Vinod Chandran Judge.
vku/-
[ true copy ]