High Court Kerala High Court

Remya vs The Payyannur Municipality on 8 July, 2008

Kerala High Court
Remya vs The Payyannur Municipality on 8 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18084 of 2008(C)


1. REMYA, W/O.SUBHASH KUMARAN,
                      ...  Petitioner

                        Vs



1. THE PAYYANNUR MUNICIPALITY, REP. BY
                       ...       Respondent

2. THE SECRETARY, PAYYANNUR MUNICIPALITY, P

3. THE REGISTRAR OF BIRTHS AND DEATHS

                For Petitioner  :SRI.P.NARAYANAN

                For Respondent  :SRI.M.SASINDRAN

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :08/07/2008

 O R D E R
                        ANTONY DOMINIC, J.

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               = =W.P.(C) = = = = = = = = = = = =
                             No. 18084 OF 2008C
                    = = =


                    Dated this the 8th July 2008


                            J U D G M E N T

The challenge in this writ petition is against Exts. P6 and P7

orders passed by respondents 2 and 3 rejecting Exts. P4 and P5

applications made by the petitioner.

2. The facts of the case are that according to the petitioner,

her husband’s name is Subhash Kumaran. In support of this

contention, petitioner is referring to Ext. P1, her husband’s passport

where his name is entered as above. Referring to Ext. P1(a), it is

stated that her husband’s name is entered in her passport also as

above.

3. However, petitioner submits that in the marriage certificate

and also in the birth certificate issued to their child, the name of the

petitioner is wrongly entered as Subash P.V. Exts. P2 and P3 are the

marriage certificate and the birth certificate referred to above. It is

stated that realising the mistake as above, she submitted Exts. P4

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and P5 to respondents 2 and 3, seeking correction of Exts. P2 and

P3 by incorporating her husband’s name as Subhash Kumaran.

4. The requests so made by the petitioner has been rejected by

respondents 2 and 2 by Exts. P6 and P7. In Ext. P6, the request has

been rejected without any reason, but however, in Ext. P7, it is

stated that in view of the circular issued by the Chief Registrar of

Births and Deaths, the request cannot be considered. Counsel for

the petitioner contends that while rejecting Exts. P4 and P5, as per

Exts. P6 and P7 orders, respondents 2 and 3 have not exercised the

statutory power vested in them. It is also contended that the

aforesaid authorities have the power to examine the request made

on merits and pass orders correcting the mistakes if they are

satisfied that there exists a mistake. Learned counsel for the

petitioner is also relying on a judgment rendered by this Court in

Sivanandan v. Registrar of Births and Deaths {2007(3) KLT 721}.

5. I have heard the counsel for the petitioner and also the

counsel for respondents 1 to 3, who have filed a counter affidavit

also. According to the respondents, there is no mistake in this case

to be corrected. This submission is made on the basis that the

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entries of the name of her husband have been made in Exts. P2 and

P3 on the basis of the entry in the school records.

6. Be that as it may, in my view, the matter needs to be

reconsidered by respondents 2 and 3. A reading of Ext. P6 shows

that although the petitioner had made a request, the 2nd respondent

has not given any reason for rejecting Ext. P4 application seeking

correction of Ext. P2 marriage certificate. Similarly, in Ext. P7,

issued by the 3rd respondent, apart from making reference to the

circular stated to have been issued the 3rd respondent also has not

made any independent examination of the claim made by the

petitioner. Therefore, there has been an improper exercise of the

statutory power and for that reason Exts. P6 and P7 cannot be

upheld.

7. Accordingly, Exts. P6 and P7 will stand quashed and

respondents 2 and 3 are directed to reconsider the request made by

the petitioner in Exts. P4 and P5 seeking correction of Ext. P2

marriage certificate and Ext. P3 birth certificate. Needless to say

that while orders are passed as above, the judgment of this Court

referred to above and also the materials to be produced by the

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petitioner shall be duly adverted to.

8. It is also directed that before final orders are passed, the

petitioner shall be given notice and an opportunity to make

representation in this matter. Orders shall be passed as

expeditiously as possible, at any rate within 4 weeks of production

of a copy of this judgment.

Writ petition is disposed of as above.

ANTONY DOMINIC
JUDGE
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