Registrar Of Births & Deaths And … vs Jose Ellickal on 23 May, 2009

Kerala High Court
Registrar Of Births & Deaths And … vs Jose Ellickal on 23 May, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 956 of 2009()


1. REGISTRAR OF BIRTHS & DEATHS AND HEALTH
                      ...  Petitioner
2. SECRETARY, KANHANGAD MUNCIPALITY,

                        Vs



1. JOSE ELLICKAL, ANNUR P.O., MOORIKOVAL,
                       ...       Respondent

2. THE CHIEF REGISTRAR OF BIRTHS AND

                For Petitioner  :SRI.T.K.VIPINDAS

                For Respondent  : No Appearance

The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :23/05/2009

 O R D E R
             S.R.Bannurmath, C.J. & Kurian Joseph, J.
                  ------------------------------------------
                         W.A. No.956 of 2009
                  ------------------------------------------
               Dated, this the 23rd day of May, 2009

                             JUDGMENT

Kurian Joseph, J.

This writ appeal is filed by the first respondent mainly

aggrieved by the observations in the judgment under appeal and

the imposition of costs. We have already disposed of W.A.No.742

of 2009 recording the fact that the disputed date of birth has

already been corrected.

2. The learned counsel for the appellants submits that

the first appellant took charge of the office only on 28.1.2009. It is

further submitted that the first appellant had not received any legal

opinion as referred to in the judgment and the moment the superior

officer gave the communication, correction was carried out and the

corrected certificate was also issued to the party. Learned counsel

also submits that the first appellant would be more cautious in

future and will not give room for any complaint of this sort. In

W.A.No.956 of 2009

– 2 –

view of the apologetic stand thus taken by the first appellant, we

are of the view that the adverse observations made against the first

appellant in the impugned judgment have to be expunged and the

imposition of costs is also to be vacated. Ordered accordingly.

The adverse observations in the judgment are expunged and the

order on costs is also vacated.

Writ appeal is disposed of as above.

S.R.Bannurmath,
Chief Justice

Kurian Joseph,
Judge
vns

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