Deepthy.V.S vs The Chief Registrar Of Births And on 6 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 35151 of 2008(I)


1. DEEPTHY.V.S,
                      ...  Petitioner

                        Vs



1. THE CHIEF REGISTRAR OF BIRTHS AND
                       ...       Respondent

2. KOLLAM CORPORATION,

3. THE REGISTRAR OF BIRTHS AND DEATHS,

                For Petitioner  :SRI.S.SANTHOSH KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :06/02/2009

 O R D E R
                                 S. Siri Jagan, J.
                =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=
                        W. P (C) No. 35151 of 2008
                =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=
                   Dated this, the 6th February, 2009.

                                J U D G M E N T

The petitioner’s husband Manikantan is employed in Dubai. In

the wedlock, a child by name Anupama was born on 5-2-2000 in Nani

Memorial Nursing Home at Kollam. The petitioner originally obtained

Ext. P1 birth certificate on 31-10-2000 in respect of her child. She

lost the original of the same, which prompted her to file another

application, which resulted in issue of Ext. P2 birth certificate dated

20-2-2001, original of which is no longer with her. Again the

petitioner applied for and obtained another certificate, in which there

were serious mistakes in the material particulars regarding father’s

name etc. Therefore, the same was returned immediately for

correction. The petitioner’s grievance now is that birth certificate is

not being issued to the petitioner and the 3rd is insisting on the

petitioner producing the original of Exts.P1 and P2 as a condition for

issuing the same, which are not available with the petitioner. It is

under the above circumstances, the petitioner has filed this writ

petition seeking the following reliefs:

“i) Issue a writ of mandamus or any other appropriate writ or
order directing the 3rd respondent to issue Birth Certificate of
petitioner’s daughter containing the details as entered in Ext. P1
or Ext. P2 certificate at once;

ii) Issue a writ of mandamus or any other appropriate writ or
order directing respondents 1 and 2 to conduct an enquiry into the
issue of birth certificate dated 25-5-2007 mentioned in Ext. P8 and
to take steps to issue birth Certificate of petitioner’s daughter
without insisting for any application for correction of the entries in
the birth register.”

2. A counter affidavit has been filed in which it is stated that

certain mistakes have occurred in the matter without correcting

which the birth certificate as desired by the petitioner cannot be

W.P.C. No. 35151/2008. -: 2 :-

issued now. Therefore, counsel for the 3rd respondent submits that if

the petitioner files an appropriate application for correction, the same

would be considered and a corrected birth certificate as desired byo

the petitioner would be issued to the petitioner without delay. In the

above circumstances, the writ petition is disposed of with the

following directions:

The petitioner shall forward a proper application with all details

for appropriate correction as desired by the petitioner in the birth

register. The 3rd respondent shall consider the same in accordance

with the circular issued by the Government on the subject as also the

decisions of this Court in Sivanandan v. Registrar of Births &

Deaths, [2007 (3) KLT 721] and Varghese v. Director of

Panchayat, [2008 (2) KLT 278] as expeditiously as possible, at any

rate, within one month from the date of receipt of a copy of the

application.

Sd/- S. Siri Jagan, Judge.

Tds/