Research › Search › Judgment

Kerala High Court · body

2007 DIGILAW 139 (KER)

Registrar of Births and Deaths v. Pathrose

2007-02-22

K.S.RADHAKRISHNAN, M.N.KRISHNAN

body2007
JUDGMENT : K.S. Radhakrishnan, J. WA No. 134 of 2007 has been preferred by the Registrar of Births and Deaths and W.A.No.205 of 2007 has been preferred by the State of Kerala and the Chief Registrar of Births and Deaths stating that the learned Judge has misinterpreted Circular No. B1-19048/95 dated 27/06/1995 issued by the Director of Panchayats for the purpose of carrying out the correction of date of birth of the second respondent. Counsel appearing for the appellants submitted that the learned Single Judge was not justified in granting a declaration that the date of birth of the second respondent is 14/05/1974 instead of 20/07/1974. 2. First respondent in the appeals is the father of one K. P. Sheena. They have approached this Court seeking a writ of certiorari to quash Ext. P7 order issued by the Registrar of Births and Deaths and also for a declaration that the second respondent's correct date of birth is 14/05/1974 and the entries made in Ext. P1 birth certificate are incorrect and it has to be corrected as 14/05/1974. 3. The Registration of Births and Deaths Act, 1969 is enacted by the Parliament providing for the regulation of registration of births and deaths and for matters connected therewith. S.4 of the Act states that the State Government may by notification in the Official Gazette appoint a Chief Registrar for the State. Sub-s.(2) of S.4 states that the State Government may also appoint such other officers with such designations as it thinks fit for the purpose of discharging under the superintendence and direction of the Chief Registrar, such of his functions as he may, from time to time authorise them to discharge. S.6 states that the State Government may appoint a District Registrar for each revenue district and such number of Additional District Registrars as it thinks fit who shall subject to the general control and direction of the District Registrar, discharge such functions of the District Registrar as the District Registrar may from time to time authorise them to discharge. S.15 of the Act deals with correction or cancellation of entry in the register of births and deaths. The said Section is extracted below for easy reference: “15. S.15 of the Act deals with correction or cancellation of entry in the register of births and deaths. The said Section is extracted below for easy reference: “15. Correction or cancellation of entry in the register of births and deaths.-- If it is proved to the satisfaction of the Registrar that any entry of a birth or death in any register kept by him under this Act is erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such rules as may be made by State Government with respect to the conditions on which and the circumstances in which such entries may be corrected or cancelled, correct the error or cancel the entry by suitable entry in the margin without any alteration of the original entry and shall sign the marginal entry and add thereto the date of the correction or cancellation.” State Government in exercise of the powers conferred under S.30 of the Registration of Births and Deaths Act, 1969 framed Kerala Registration of Births and Deaths Rules, 1970. R.11 which deals with correction or cancellation of entry in the register of births and deaths, is extracted below for easy reference: 11. Correction or cancellation of entry in the register of births and deaths.- (1) If it is reported to the Registrar that a clerical or formal error has been made in the register or if such error is otherwise noticed by him, the Registrar shall enquire into the matter and if he is satisfied that any such error has been made, he shall correct the error (by correcting or cancelling the entry) as provided in S.15 and shall send an extract of the entry showing the error and how it has been corrected to the State Government or the officer specified by it in this behalf. (2) If any person asserts that any entry in the register of births and deaths is erroneous in substance, the Registrar may correct the entry in the manner prescribed under S.15 upon production by that person a declaration setting forth the nature of the error and true facts of the case made by two credible persons having knowledge of the facts of the case. (3) Notwithstanding anything contained in sub-r. (1) and sub-r. (2) the Registrar shall make report of any correction of the kind referred to therein giving necessary details to the State Government or the officer specified in this behalf. (4) If it is proved to the satisfaction of the Registrar that any entry in the register of births and deaths has been fraudulently or improperly made, he shall make a report giving necessary details to the officer authorised by the Chief Registrar by general or special order in this behalf under S.25 and on hearing from him take necessary action in the matter. (5) In every case in which an entry is corrected or cancelled under this rule, intimation thereof should be sent to the permanent address of the person who has given information under S.8 or S.9. The Registrar of Births and Deaths while issuing Ext. P7 order dated 28/10/2006 took the view that correction of date of birth cannot be effected without the permission of the Chief Registrar. 4. Counsel appearing for the Registrar of Births and Deaths placed considerable reliance on sub-rule (4) of R.11 and submitted that only when the permission of the Chief Registrar is obtained correction of date of birth in the register could be carried out. Counsel also submitted that the learned Single Judge was not justified in placing reliance on the Circular No. B1-19048/95 dated 27/06/1995 which is meant only for correcting the name in the register and not for carrying out correction of date of birth in the register. 5. We are of the view in a case where application is preferred seeking correction of date of birth the rule which is applicable is not sub-r.(4) of R.11. When a person asserts that any entry in the register of births and deaths is erroneous in substance the provision which is applicable is sub-r.(2) of R.11. If any person asserts that any entry in the register of births and deaths is erroneous in substance, he has to submit a declaration setting forth the nature of the error and also to establish his case by furnishing true facts of the case made by two credible persons having knowledge of the facts of the case. The Registrar may then carry out the correction in the date of birth in the manner prescribed in S.15 read with sub-r.(2) of R.11. The Registrar may then carry out the correction in the date of birth in the manner prescribed in S.15 read with sub-r.(2) of R.11. Sub-r.(1) of R.11 deals with correction or cancellation of entry in the register of births and deaths. Sub-r.(4) of R.11 states that if the Registrar is satisfied that any entry in the register of births and deaths has been fraudulently or improperly made the Chief Registrar can take action in the matter. 6. Registrar has no case that respondents 1 and 2 had caused any entry fraudulently or improperly in the register of births and deaths. “Fraudulently” means deceptively. Only if an entry is made in the register deceptively or improperly then only it can be taken as a fraudulent entry or wrong entry. There is no material in this case to show that respondents 1 and 2 had made any fraudulent or improper entry in the register of births and deaths. Nobody has adduced any evidence to prove that respondents 1 and 2 had made any fraudulent entry; nor were they instrumental in making any fraudulent or improper entry. The case put up by respondents 1 and 2 is that there was a mistake on the part of the person reporting the birth of the second respondent and consequently a wrong entry was made in the register of births and deaths which they wanted to correct and hence the request of respondents 1 and 2 would squarely fall under sub-r. (2) of R.11 and not under sub-r.(4) of R.11. Respondents 1 and 2 have therefore to follow the formalities prescribed in sub-r.(2) of R.11 read with S.15 of the Act so as to carry out the correction of date of birth in the register and the Registrar will pass appropriate orders in accordance with law. 7. We are therefore inclined to allow both the appeals and set aside the judgment of the learned Single Judge. We therefore hold that the power is vested on the Registrar of Births and Deaths under sub-r.(2) of R.11 of the Rules read with S.15 of the Registration of Births and Deaths Act, 1969 to carry out the correction of date of birth depending upon the facts of each case. We therefore hold that the power is vested on the Registrar of Births and Deaths under sub-r.(2) of R.11 of the Rules read with S.15 of the Registration of Births and Deaths Act, 1969 to carry out the correction of date of birth depending upon the facts of each case. The Registrar of Births and Deaths will therefore pass appropriate orders, if an application is moved to that effect with relevant materials, within two weeks from the date of receipt of the application. Appeals are disposed of as above.