Kerala High Court
Prathibha S.Nambiar vs State Of Kerala on 28 June, 2010
Author: T.R.Ramachandran Nair
Bench: T.R.Ramachandran Nair
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19555 of 2010(T)
1. PRATHIBHA S.NAMBIAR,W/O.SUNIL S.NAMBIAR,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. REGISTRAR OF BIRTHS AND DEATHS,
For Petitioner :SRI.B.PREMNATH (E)
For Respondent :SMT.M.K.PUSHPALATHA,SC,COCHIN CORPORATI
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :28/06/2010
O R D E R
T.R.RAMACHANDRAN NAIR,J.
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W.P.(C)No.19555 of 2010
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DATED THIS THE 28th DAY OF JUNE, 2010
JUDGMENT
The petitioner herein is seeking for a direction to the 2nd respondent to consider the application for correcting the entry in the birth register. Exhibit P1 is the copy of the birth certificate. There, the name of the petitioner's son is shown as Amruth S.Nambiar and the correction sought is as 'Akash S.Nambiar'. It is pointed out that even though an application was submitted to the 2nd respondent along with the declaration and other documents that was returned stating that in the light of Exhibit P5 circular, the same cannot be entertained.
2. Heard the learned Standing Counsel for the Corporation also. In Exhibit P5 circular dated 21.1.2010 it is mentioned that a correction of the name of the Ward can be made on the application of the parents once before the ward is got admitted in a school. Reliance is placed on the decision of a learned Single Judge of this Court in Girijan v. Registrar of Births and Deaths (2003 (2) KLT 22). This Court had W.P.(C)No.19555/10 -2- occasion to consider the stipulation made in the above circular in paragraph 8 in the recent judgment in W.P.(C)No.15926/10. Therein, after considering the judgment in Girijan's case, it was held in paragraph 8 as follows:
8. A reading of the circular dated 21.1.2010 shows that reliance is placed therein on the decision reported in Girijan's case (2003 (2) KLT 22) to make a stipulation that a correction can be made only once and that too, before the child joins a school. A reading of the above judgment shows that actually this Court has not ordered any such restriction as regards correction of the entries are concerned. That was a case where actually the correction was sought before the child wanted to join a particular school. The application was rejected on the ground that there is no provision for change of name in the birth register.
While considering the pleas raised by the parents, this Court only observed that the child is born only on 2.3.1999 and it has not reached the age to go to school to have the name entered in the school W.P.(C)No.19555/10 -3- record. If the parents want to change the name of the child, they are free to do the same. Probably, one sentence in the heading of the head note of the said reported judgment has been wrongly relied upon while issuing the circular dated 21.1.2010. Actually, that was not the real dictum laid down by this Court. The legal position has now been laid down in the later decision in Malavika's case (Supra) by the Division Bench.
3. Therefore the stipulation in the circular Exhibit P5 that the entry can be corrected if only an application is filed before the Ward joins the school cannot be said to be correct.
4. The learned counsel for the petitioner therefore submitted that the 2nd respondent may be directed to consider the application along with the enclosures. As on today, the enclosures have been returned to the petitioner. Therefore the petitioner will re-submit the same before the 2nd respondent for considering the application on merits. The 2nd respondent is therefore directed to consider the application for correction of the name of the son of the petitioner along with the enclosures W.P.(C)No.19555/10 -4- produced therein. The decision taken thereon will be communicated to the petitioner within a period of one month from the date of receipt of a copy of this judgment.
The Writ Petition is disposed of as above.
T.R.RAMACHANDRAN NAIR, JUDGE.
dsn