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.
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W.A. No.956 of 2009
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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
