Kerala High Court
Reshma Susan Thomas vs State Of Kerala on 28 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:55545
WP(C) NO. 6701 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 28TH DAY OF JULY 2025 / 6TH SRAVANA, 1947
WP(C) NO. 6701 OF 2025
PETITIONER:
RESHMA SUSAN THOMAS,
AGED 25 YEARS
D/O. M.M. THOMAS, MAMMOOTTIL THUNDIYIL HOUSE,
KAVUMBHAGOM P.O, THIRUVALLA, PATHANAMTHITTA
DISTRICT, PIN - 689102
BY ADVS.
SHRI.SUSANTH SHAJI
SHRI.SIDHARTH O.
SHRI.ALBIN A. JOSEPH
SMT.NEKHA VARGHESE
RESPONDENTS:
1 STATE OF KERALA,
REP BY ITS' PRINCIPAL SECRETARY, DEPARTMENT FOR
LOCAL SELF GOVERNMENT INSTITUTIONS, SWARAJ
BHAVAN, GROUND FLOOR, NANDHACODE, KOWDIAR P.O,
THIRUVANANTHAPURAM DISTRICT, PIN - 695003
2 THE CHIEF REGISTRAR OF BIRTHS & DEATHS,
O/O DIRECTOR OF PANCHAYATHS, PUBLIC OFFICE
BUILDING, MUSEUM P.OTHIRUVANANTHAPURAM DISTRICT,
PIN - 695033
2025:KER:55545
WP(C) NO. 6701 OF 2025
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3 THE REGISTRAR OF BIRTHS AND DEATHS,
O/O REGISTRAR OF BIRTH AND DEATHS THIRUVALLA
MUNCIPALITY, MARKET ROAD, KAYAMKULAM THIRUVALLA
ROAD, THIRUVALLA, PATHANAMTHITTA DISTRICT,
PIN - 689101.
BY ADV
SMT.VIDYA KURIAKOSE, SR.GP
SRI.S.SUBHASH CHAND, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:55545
WP(C) NO. 6701 OF 2025
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C.S.DIAS, J.
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W.P.(C) No.6701 of 2025
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Dated this the 28th day of July, 2025
JUDGMENT
The writ petition is filed to quash Ext.P10 order and direct the 3rd respondent to correct the petitioner's mother's name in the petitioner's birth certificate as 'Aliyamma Thomas' in place of 'Aleyamma Thomas K.'.
2. The petitioner was born to Sri.M.M.Thomas and Smt.Aliyamma Thomas, as evidenced by Ext.P1 birth certificate. In the birth certificate, the petitioner's mother's name is being wrongly shown as 'Aleyamma Thomas K.' instead of 'Aliyamma Thomas'. In all other records of the petitioner's mother, her name is rightly shown as 'Aliyamma Thomas'. The petitioner's mother has sworn Ext.P8 notarised affidavit stating that her name is 'Aliyamma Thomas'. In the said background, 2025:KER:55545 WP(C) NO. 6701 OF 2025 4 the petitioner had submitted Ext.P9 representation before the 3rd respondent to correct her mother's name in Ext.P1 birth certificate. However, by the impugned Ext.P10 order, the 3rd respondent has directed the petitioner to submit the application through the K- smart portal. The stand of the 3rd respondent is arbitrary. As per Section 15 of the Registration of Births and Deaths Act, 1969 and Rule 11 of the Kerala Registration of Births and Deaths Rules, 1999, there is no such stipulation that an application for correction has to be submitted through K-smart portal. In Anitha Menachery and another v. Regional Joint Director, Urban Affairs, Cochin and others [2016 (5) KHC 954], this Court has categorically held that the name of the parent can be changed by production of a certificate from Village Officer or from two gazetted officers or by a notarised affidavit. It was in line with 2025:KER:55545 WP(C) NO. 6701 OF 2025 5 the law laid down in the aforesaid decision that the petitioner submitted Ext.P8 notarised affidavit. The petitioner is entitled to the benefit of the said judgment. Hence, Ext.P10 may be quashed and the 3 rd respondent may be directed to consider the petitioner's application for correction.
3. In the statement filed by the learned Standing Counsel for the 3rd respondent it is stated that, the decision to implement the K-smart portal is a policy decision taken by the Government of Kerala pursuant to Annexure 1 G.O. The petitioner has an alternative statutory remedy. The petitioner has not produced the hospital records, wherein her mother's name is correctly entered. The said certificate has probative value. Furthermore, in Ext.P7 copy of the petitioner's mother's SSLC book, her name is shown as 'Aleyamma Thomas K.'. Therefore, a detailed enquiry 2025:KER:55545 WP(C) NO. 6701 OF 2025 6 has to be conducted in the matter and the hospital records have to be traced. It is pursuant to Ext.P9 representation that Ext.P10 order was issued. The judgment relied on by the petitioner has no relevance in the presence case. Hence, the writ petition may be dismissed.
4. Heard; the learned Counsel for the petitioner, the learned Senior Government Pleader and the learned Standing Counsel for the 3rd respondent.
5. The learned Standing Counsel for the 3rd respondent submits that, as per Ext.R3(a) certificate issued by the hospital where the petitioner was born, her mother's name is shown as 'Prema K.Thomas'. Based on an application submitted by petitioner's mother, her name was corrected in the birth register as 'Aleyamma Thomas K.' as mentioned in Ext.P1. It is after that the petitioner has submitted the present 2025:KER:55545 WP(C) NO. 6701 OF 2025 7 application.
6. The petitioner's specific case is that her mother's name is erroneously entered in Ext.P1 birth certificate as 'Aleyamma Thomas K.'. Her actual name is 'Aliyamma Thomas'. It is rightly shown in Ext.P5 Aadhaar card and Ext.P6 PAN card. It is only due to an inadvertent error that the alphabet 'e' has been written as 'i' in the petitioner's mother's name. The petitioner's mother has sworn in Ext.P8 affidavit in line with the law laid down in Anitha Menachery's case (supra). Therefore, the respondents can very well correct the petitioner's mother's name in Ext.P1 birth certificate.
7. The learned Standing Counsel submits that with the introduction of the K-smart portal, the petitioner has to necessarily submit an online application to correct the name. The learned Counsel for the petitioner submits that, as there is a mistake in 2025:KER:55545 WP(C) NO. 6701 OF 2025 8 the petitioner's mother's SSLC book, it will be a futile exercise to attach the said document through the K- smart portal as evidence to change the name. Therefore, the petitioner would make an online application by attaching the other relevant documents.
On a consideration of the facts and the materials on record, and after appreciating the rival submissions made across the Bar, I dispose of this writ petition by permitting the petitioner to submit an online application, through the K-smart portal, to correct her mother's name in Ext.P1 certificate by uploading Exts.P4, P6 and P8 documents, without uploading Ext.P7 copy of SSLC book. On the petitioner uploading the application and the above documents, the 3rd respondent shall consider the said application along with Ext.P9 by conducting the statutory enquiry and take a decision in the matter, in accordance with law 2025:KER:55545 WP(C) NO. 6701 OF 2025 9 and as expeditiously as possible, at any rate, within four weeks from the date of receipt of a copy of the judgment, after affording the petitioner an opportunity of being heard.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE dkr 2025:KER:55545 WP(C) NO. 6701 OF 2025 10 APPENDIX OF WP(C) 6701/2025 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER DATED 17.01.2012 ISSUED BY THE 3RD RESPONDENT EXHIBIT P2 TRUE COPY OF THE PASSPORT OF THE PETITIONER ISSUED BY THE MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA DATED 12.11.2021 EXHIBIT P3 TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF THE PETITIONER DATED 20.04.2015 ISSUED BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS EXHIBIT P4 TRUE COPY OF THE DEGREE CERTIFICATE OF THE PETITIONER DATED 13.11.2021 ISSUED BY THE VICE CHANCELLOR, NITTE (DEEMED TO BE UNIVERSITY, KARNATAKA) EXHIBIT P5 TRUE COPY OF THE AADHAR OF THE PETITIONER'S MOTHER, SMT. ALIYAMMA THOMAS EXHIBIT P6 TRUE COPY OF THE PAN CARD OF THE PETITIONER'S MOTHER, SMT. ALIYAMMA THOMAS' EXHIBIT P7 TRUE COPY OF THE SSLC CERTIFICATE OF THE PETITIONER'S MOTHER DATED 20.03.1986 ISSUED BY THE HEAD MISTRESS ST. MARY'S GIRLS' HIGH SCHOOL, KOZHENCHERRY EXHIBIT P8 TRUE COPY OF THE AFFIDAVIT DATED 14.02.2025 SWORN TO BY THE PETITIONER'S MOTHER, SMT. ALIYAMMA THOMAS EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 11.02.2025 PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXHIBIT P10 TRUE COPY OF THE ORDER DATED 14.02.2025 ISSUED BY THE 3RD RESPONDENT EXHIBIT P11 TRUE COPY OF THE ONE AND THE SAME CERTIFICATE DATED 25.10.2017 ISSUED BY THE VILLAGE OFFICER, KAVUMBHAGOM VILLAGE 2025:KER:55545 WP(C) NO. 6701 OF 2025 11 EXHIBIT P12 TRUE COPY OF THE AADHAR CARD (BOTH SIDES) OF THE PETITIONER'S MOTHER, SMT. ALIYAMMA THOMAS RESPONDENT ANNEXURES ANNEXURE 1 A TRUE COPY OF THE GOVERNMENT ORDER BEARING GO NO. 2545/2023/LSGD DATED 22/12/2023 EXHIBIT R3(A) TRUE COPIES OF THE CERTIFICATE DATED 13/3/2025 ISSUED BY DR. ABRAHAM VARGHESE V., THE MEDICAL DIRECTOR AND SUPERINTENDENT OF PUSHPAGIRI MEDICAL COLLEGE HOSPITAL, THIRUVALLA EXHIBIT R3(B) TRUE COPY OF RELEVANT PAGE OF THE BIRTH REGISTER CONTAINING THE RELEVANT ENTRY RELATING TO THE BIRTH OF THE PETITIONER EXHIBIT R3(C) A TRUE COPY OF THE RELEVANT ENTRY OF THE HOSPITAL REGISTER CONTAINING THE NAME OF THE PARENTS OF THE PETITIONER EXHIBIT R3(D) A TRUE COPY OF THE RELEVANT PAGE REGISTER OF BIRTHS AND DEATHS, THIRUVALLA MUNICIPALITY AT ENTRY NO. 854, THE NAME OF THE MOTHER OF THE PETITIONER WAS ENTERED AS PREMA K. THOMAS EXHIBIT R3(E) A TRUE COPY OF THE RELEVANT PAGE OF THE REGISTER OF BIRTHS & DEATHS OF THIRUVALLA MUNICIPALITY