M. v. JOHNSON, S/O. VARGHESE VS REGISTRAR OF BIRTH AND DEATH CORPORATION OF THRISSUR
2017-01-04
A.K.JAYASANKARAN NAMBIAR
body2017
DigiLaw.ai
JUDGMENT : The petitioner has approached this Court aggrieved by the entries made in Exts.P1 and P2 birth certificates, which were issued in respect of his elder daughter Tania Maria John, born on 01.02.2002, and younger daughter Tia Varghese John, born on 31.10.2006. Ext.P1 certificate was issued on 18.02.2006 and Ext.P2 certificate was issued on 02.11.2009. In both the certificates, against the column relating to the address of the parents at the time of birth of the child, it has been stated "Nil" in English and Malayalam. It is the case of the petitioner that, since his daughters were born between 2000 and 2007, when the application form for issuance of birth certificate did not make provision for specifying the address and permanent address of the parents at the time of birth of the child, the petitioner was not able to furnish such details while seeking the birth certificates in respect of his daughters. It is stated that, thereafter, on receiving Exts.P1 and P2 certificates and noticing the discrepancy, he had approached the 1st respondent through Ext.P5 representation, seeking a correction of the entries in Exts.P1 and P2 birth certificates. It was when the said representation yielded no response, that the petitioner approached this Court through the present writ petition, seeking a direction to the 1st respondent to carryout the necessary corrections in Exts.P1 and P2 birth certificates and to issue fresh birth certificates containing the relevant information. 2. A counter affidavit has been filed on behalf of the 1st respondent, wherein, it is stated that while the printed form of the application for birth certificate, which was in existence till 2000, had a provision for entering the address of the parents of the child, during the period from 2000 to 2007, the prescribed form of the application contained two parts; the first part of which was used as birth register and the latter part of which was to be preserved as birth report. It is stated that the said application form had no provision for entering the address of the parents and it was therefore, that Exts.P1 and P2 birth certificates, issued to the petitioner in relation to his daughters, did not contain any entries against the column for address and permanent address of the parents, at the time of birth of the child. 3.
3. I have heard the learned counsel appearing for the petitioner as also the learned Standing Counsel appearing for the respondent Corporation. 4. On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I find that as per the provisions of Section 15 of The Registration of Births and Deaths Act, 1969, the Registrar has the power to correct any error or entry without any alteration of the original entry by making a suitable entry in the margin and also sign the marginal entry. The said power can be exercised by the Registrar, if it is proved to the satisfaction of the Registrar that any entry of the birth or death in any register kept by him under the Act, is erroneous in form or substance, or has been fraudulently or improperly made. The provisions of the Kerala Registration of Births and Deaths Rules, 1999 and in particular Rule 11 thereof, also speak of the corrections of an entry in the register of birth and death. In the light of the peculiar situation that prevailed during the period from 2000 to 2007, I am of the view that the writ petition can be allowed, by directing the 1st respondent to effect the necessary corrections in Exts.P1 and P2 birth certificates, issued in relation to the petitioner's daughters, by incorporating therein the address and permanent address of the parents of the children in question, at the time of birth of the children, and issue fresh birth certificates in lieu of Exts.P1 and P2, to the petitioner. The 1st respondent shall do the needful to ensure that fresh birth certificates in lieu of Exts.P1 and P2, containing the necessary details, are furnished to the petitioner, within a period of one month from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the writ petition together with a copy of this judgment before the 1st respondent for further action.